Comparative Constitutional Law
Week 1.1
Topic(s): History of Constitutions
How to organize a government?
1. Appoint a person
2. Appoint a group of people (small number)
a. Usually through elections
3. Everyone is equally involved
a. Discussion between all citizens
Thinkers wondered: can you later make a different choice? Can you overthrow the system?
Questions to consider when establishing a government/authority:
● What would our State of nature look like if we did not have a government?
● What do we want our government to look like?
● What is the source of the government’s authority?
● What are the limitations to the power of government? What conditions does it have to
fulfill?
● What can citizens do if the government fails to fulfill these?
Answer: rule of law
Rule of law
● Democracy
○ Nobody is above the law; everyone is equal before the law
■ Ex. North Korea claims it is a democracy although it has a very
authoritarian regime; no real separation of powers + does not respect
human rights; HOWEVER the constitution dictates a democratic election;
democracy can easily be displayed or claimed but this may not always be
the reality
● Principle of legality
○ Citizens can act as they like, unless it is explicitly prohibited by law
○ Government can only act in competences conferred upon them
● Separation of powers
, ○ Power should not be held by one person/organs
■ Spread to different individuals/organs
○ To prevent abuse of power or one organ/individual having too much power
○ Includes checks & balances as well
● Human rights
○ Everyone has human rights; they are universal and unalienable
○ Legislator has to respect these human rights
- Leads to the conclusion that the government is there to serve the people, not
themselves by the means of citizens
- Rule of law can be seen (explicitly/implicitly) throughout Western Europe
- It has been developing over time
Development of rule of law
(Need to know and apply these ideas from the philosophers (origins, able to compare them to
each other)
- Names in bold: big 5 (main thinkers)
- Other names: supporting evidence
Ebstorf World map (13th century)
,(Big square in the middle = Jerusalem)
● People were mainly Catholic (other religious groups lived further away) + believed
Earth was flat
● Main view of authority: Christian Republic
○ Pope as the ruler of spiritual world (more power geographically)
○ King as ruler of physical world
■ Dominant idea that the ruler had to uphold the dominant faith
● Acknowledgment of different countries and continents (did not know where it would
end since it was too long of a travel and scared to fall off Earth since it was flat)
● Most people could not read; only clergy could read; Catholic Church had power of
dissemination of written text and was a monopoly for this
15th century: changes
● Discovered Earth is not flat but round (heliocentrism)
○ Discovered and traveled to new continents; Europeans came into contact with
other individuals
● Printing press invented; easier to read & copy text —> Catholic Church lost monopoly of
dissemination of written text
, - Martin Luther: proposition of reform of Catholic Church was influential since the
texts were replicated at a fast rate through the printing press
- Led to split of Catholic Church
- Also started doubt as to whether Catholic Church was the true holder of
power; did the Church start to deviate from the actual faith?
Reformation
‘What were a few years on this earth compared to the life to come? What if her family had
shut themselves out of God’s love for eternity? Wasn’t it her Christian duty to bring them back
to the one true church?’ (City of Tears)
● Kate Mosse: wrote The Burning Chambers + The City of Tears
Question: what is the one true church? What is the one true faith?
● Large population changed from Catholic to Protestant (including King); led to friction in
countries in which many still remained Catholics and ruler had to make a choice
between staying Catholic or changing to Protestants and population would follow their
lead
○ In the instance in which majority of the population switched to Protestants but
King remained Catholic tension was created:
■ People had to choose to obey God or King
● Arguments:
○ Need to obey God; justified revolts, civil war, etc. against
King and population (especially true for France)
○ Can obey King and God would understand
St. Bartholomew’s Day (the Blood Wedding) 1572
Week 1.1
Topic(s): History of Constitutions
How to organize a government?
1. Appoint a person
2. Appoint a group of people (small number)
a. Usually through elections
3. Everyone is equally involved
a. Discussion between all citizens
Thinkers wondered: can you later make a different choice? Can you overthrow the system?
Questions to consider when establishing a government/authority:
● What would our State of nature look like if we did not have a government?
● What do we want our government to look like?
● What is the source of the government’s authority?
● What are the limitations to the power of government? What conditions does it have to
fulfill?
● What can citizens do if the government fails to fulfill these?
Answer: rule of law
Rule of law
● Democracy
○ Nobody is above the law; everyone is equal before the law
■ Ex. North Korea claims it is a democracy although it has a very
authoritarian regime; no real separation of powers + does not respect
human rights; HOWEVER the constitution dictates a democratic election;
democracy can easily be displayed or claimed but this may not always be
the reality
● Principle of legality
○ Citizens can act as they like, unless it is explicitly prohibited by law
○ Government can only act in competences conferred upon them
● Separation of powers
, ○ Power should not be held by one person/organs
■ Spread to different individuals/organs
○ To prevent abuse of power or one organ/individual having too much power
○ Includes checks & balances as well
● Human rights
○ Everyone has human rights; they are universal and unalienable
○ Legislator has to respect these human rights
- Leads to the conclusion that the government is there to serve the people, not
themselves by the means of citizens
- Rule of law can be seen (explicitly/implicitly) throughout Western Europe
- It has been developing over time
Development of rule of law
(Need to know and apply these ideas from the philosophers (origins, able to compare them to
each other)
- Names in bold: big 5 (main thinkers)
- Other names: supporting evidence
Ebstorf World map (13th century)
,(Big square in the middle = Jerusalem)
● People were mainly Catholic (other religious groups lived further away) + believed
Earth was flat
● Main view of authority: Christian Republic
○ Pope as the ruler of spiritual world (more power geographically)
○ King as ruler of physical world
■ Dominant idea that the ruler had to uphold the dominant faith
● Acknowledgment of different countries and continents (did not know where it would
end since it was too long of a travel and scared to fall off Earth since it was flat)
● Most people could not read; only clergy could read; Catholic Church had power of
dissemination of written text and was a monopoly for this
15th century: changes
● Discovered Earth is not flat but round (heliocentrism)
○ Discovered and traveled to new continents; Europeans came into contact with
other individuals
● Printing press invented; easier to read & copy text —> Catholic Church lost monopoly of
dissemination of written text
, - Martin Luther: proposition of reform of Catholic Church was influential since the
texts were replicated at a fast rate through the printing press
- Led to split of Catholic Church
- Also started doubt as to whether Catholic Church was the true holder of
power; did the Church start to deviate from the actual faith?
Reformation
‘What were a few years on this earth compared to the life to come? What if her family had
shut themselves out of God’s love for eternity? Wasn’t it her Christian duty to bring them back
to the one true church?’ (City of Tears)
● Kate Mosse: wrote The Burning Chambers + The City of Tears
Question: what is the one true church? What is the one true faith?
● Large population changed from Catholic to Protestant (including King); led to friction in
countries in which many still remained Catholics and ruler had to make a choice
between staying Catholic or changing to Protestants and population would follow their
lead
○ In the instance in which majority of the population switched to Protestants but
King remained Catholic tension was created:
■ People had to choose to obey God or King
● Arguments:
○ Need to obey God; justified revolts, civil war, etc. against
King and population (especially true for France)
○ Can obey King and God would understand
St. Bartholomew’s Day (the Blood Wedding) 1572
