Constitutional Law Questions and Answers Rated A+

Constitutional Law Questions and Answers Rated A+ Constitutional Law 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 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 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 are called upon to interpret the meaning of the constitution or establish fundamental rules and principles with constitutional significance in practical cases. Customs 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 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 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) 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 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 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 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. Voluntarism The most important way to secure the construction whereby the sovereign is not bound by any higher authority is to insist on the principle of unanimity in international relations. Unanimity means that a decision can only be taken with the approval of every participant. As a result, no state is forced to accept anything it did not voluntarily agree to. Power Differences Finally, there are many powe