Constitutional Law study guide 2025/2026
questions and answers RATED A+
Constitutional Law - correct answer ✅The branch of law that regulates the state
itself is called constitutional law. It is a matter of policy, or politics, to what extent
and how the existing powers are being used. A state may have the power to
intervene in the market and enforce free competition and still consider it unwise
and politically inopportune to do so in general or in specific cases. Obviously,
some choices have to be made with regard to the tasks that states are to fulfill and
with regard to the powers and budgets—and therefore also taxes—that states
need for these tasks. How these choices are being made, by whom, and through
what procedures are a primary domain of constitutional law.
1) Sources of constitutional law
Constitution - correct answer ✅In most states, the most important of these
constitutional rules have been laid down in a central written document. This
document is typically called a constitution, but it may also carry different names,
such as basic law, charter, or regulation of state. However, it may not be always
written.
Case law - correct answer ✅Case law may be constitutionally relevant where
courts lay down rules with a "constitutional" focus, such as the UK doctrine of
parliamentary sovereignty or the US doctrine of judicial review, or when courts
,Constitutional Law study guide 2025/2026
questions and answers RATED A+
are called upon to interpret the meaning of the constitution or establish
fundamental rules and principles with constitutional significance in practical cases.
Customs - correct answer ✅In some constitutional monarchies, such as the
United Kingdom, the Netherlands or Denmark, the King or Queen will appoint as
Prime Minister the person who leads a majority in Parliament, and will not
appoint anyone against Parliament's will.
Entrenchment - correct answer ✅Because of their fundamental nature, written
constitutional documents almost always provide that they can only be amended
through difficult, special procedures often involving special majorities.
2) Establishment of State power
Sovereignty - correct answer ✅A state is an organization that is able to control a
certain territory and the people living in it, both in the sense of defending it
against the outside world (external sovereignty) and in the sense of exercising
powers and maintaining law and order inside its own borders (internal
sovereignty)
, Constitutional Law study guide 2025/2026
questions and answers RATED A+
In many Western constitutions, reference is explicitly made to the people as the
origin of the written constitution and as the source of the powers of the state.
Secession - correct answer ✅A major problem in connection with statehood is
how to cope with parts of a state that wish to secede and become an independent
state of their own. Given the demand of internal sovereignty, a state must exercise
internal domestic control and possess the power to stop civil unrest and prevent
secessionist and other revolutionary movements. This demand is obviously not
met if secession is ongoing. In such cases, it depends on the extent and
proportionality of the power used by the seceding "state," the legitimacy of the
secessionist movement.
External sovereignty - correct answer ✅The basic idea is that a sovereign state is
independent of other states and that other states are not authorized to meddle
into internal affairs of a sovereign state.
Recognition - correct answer ✅One possible criterion for statehood is whether a
potential state is recognized by the "international community" of states. This
would mean that most or all other states engage in diplomatic relations and that
the potential state is accepted as a member of an international organization, such
as the United Nations.
questions and answers RATED A+
Constitutional Law - correct answer ✅The branch of law that regulates the state
itself is called constitutional law. It is a matter of policy, or politics, to what extent
and how the existing powers are being used. A state may have the power to
intervene in the market and enforce free competition and still consider it unwise
and politically inopportune to do so in general or in specific cases. Obviously,
some choices have to be made with regard to the tasks that states are to fulfill and
with regard to the powers and budgets—and therefore also taxes—that states
need for these tasks. How these choices are being made, by whom, and through
what procedures are a primary domain of constitutional law.
1) Sources of constitutional law
Constitution - correct answer ✅In most states, the most important of these
constitutional rules have been laid down in a central written document. This
document is typically called a constitution, but it may also carry different names,
such as basic law, charter, or regulation of state. However, it may not be always
written.
Case law - correct answer ✅Case law may be constitutionally relevant where
courts lay down rules with a "constitutional" focus, such as the UK doctrine of
parliamentary sovereignty or the US doctrine of judicial review, or when courts
,Constitutional Law study guide 2025/2026
questions and answers RATED A+
are called upon to interpret the meaning of the constitution or establish
fundamental rules and principles with constitutional significance in practical cases.
Customs - correct answer ✅In some constitutional monarchies, such as the
United Kingdom, the Netherlands or Denmark, the King or Queen will appoint as
Prime Minister the person who leads a majority in Parliament, and will not
appoint anyone against Parliament's will.
Entrenchment - correct answer ✅Because of their fundamental nature, written
constitutional documents almost always provide that they can only be amended
through difficult, special procedures often involving special majorities.
2) Establishment of State power
Sovereignty - correct answer ✅A state is an organization that is able to control a
certain territory and the people living in it, both in the sense of defending it
against the outside world (external sovereignty) and in the sense of exercising
powers and maintaining law and order inside its own borders (internal
sovereignty)
, Constitutional Law study guide 2025/2026
questions and answers RATED A+
In many Western constitutions, reference is explicitly made to the people as the
origin of the written constitution and as the source of the powers of the state.
Secession - correct answer ✅A major problem in connection with statehood is
how to cope with parts of a state that wish to secede and become an independent
state of their own. Given the demand of internal sovereignty, a state must exercise
internal domestic control and possess the power to stop civil unrest and prevent
secessionist and other revolutionary movements. This demand is obviously not
met if secession is ongoing. In such cases, it depends on the extent and
proportionality of the power used by the seceding "state," the legitimacy of the
secessionist movement.
External sovereignty - correct answer ✅The basic idea is that a sovereign state is
independent of other states and that other states are not authorized to meddle
into internal affairs of a sovereign state.
Recognition - correct answer ✅One possible criterion for statehood is whether a
potential state is recognized by the "international community" of states. This
would mean that most or all other states engage in diplomatic relations and that
the potential state is accepted as a member of an international organization, such
as the United Nations.
