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Full 1Semester Constitutional Law Notes

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Are you in your first year of the IEL program at the Hague University of Applied Science? Or are you going to start this program, and want to know what you are going to learn, and want a head start on all the information? Then this document is perfect, it covers weeks 1 to 16 (which is the first semester, yes 16 weeks!!). The first exam covers weeks 1-5, the second 1-10, and the final exam covers weeks 1-16.

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Institution
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Contents
Constitutional Law 22/09/2026.........................................................................1
Week 2 29/09/2025..........................................................................................8
Week 3 06-10-2025........................................................................................23
Week 4 13/10/2025........................................................................................34
Week 5 constitutional crisis............................................................................48
Week 6 international law................................................................................53
Week 7 international law – not finished..........................................................67
Week 8 international law................................................................................73
Week 9 24/11/2025 international law.............................................................88
Week 10 international law............................................................................104
Week 11 Right to Life..................................................................................119
Week 12.......................................................................................................128
Week 13.......................................................................................................135
Week 14.......................................................................................................139
Week 15.......................................................................................................145
Week 16.......................................................................................................153




Constitutional Law 22/09/2026
Three main areas of law:

 Constitutional Law (5 weeks)
 International Law
 Human Rights Law

The areas are distinct but deeply connected; understanding one reinforces
the others.

🎯 Lesson Objectives

Grasp the basic structure of the module and its objectives.

Understand constitutionalism and its everyday relevance.

Define what a constitution is and recognize its variability across states.

Explore the concept of sovereignty and its link to constitutions and
government.

,Preview the weekly roadmap and the cumulative nature of learning.

🏛️
Constitutionalism

“Constitutionalism is the principle that limits the powers of a ruler to protect
individual rights and prevent arbitrary rule.”

Originated from ancient attempts to curb monarchic authority.

Three historical perspectives:

Regulating the ruler’s actions – early elites demanded shared
decision-making.

Grassroots demand – peasants and commoners sought a voice.

Monarch’s concession – adoption of a constitution to preserve the throne
while limiting power.

📜 What Is a Constitution?

Foundational document of constitutional law.

Serves as the primary legal source for a state’s governance.

Variations worldwide:

Some are written (e.g., U.S. Constitution).

Others are unwritten or partly written (e.g., United Kingdom).

Different states treat the constitution as a supreme law, while others see it as
one of several guiding instruments.

🌐 Sovereignty & the State

Sovereignty: supreme authority of a state to govern itself without external
interference.

Links to constitutional law:

A constitution defines the scope and limits of sovereign power.

Government structures (executive, legislature, judiciary) derive their
legitimacy from the constitution.

⚖️
Separation of Powers

Central objective of constitutionalism: prevent concentration of power.

Horizontal dimension (Week 2): checks and balances among executive,
legislative, and judicial branches.

Vertical dimension (Week 3): distribution of authority between central and
sub-national entities (federal vs. unitary).

🌍 Connection to International Law

,National constitutions form the “basic community” that later creates an
international community.

International law relies on the existence of sovereign states with their own
constitutional frameworks.

📝 Practical Takeaways for Constitutional Lawyers

Identify when a constitutional crisis occurs (e.g., power disputes,
rule-of-law breakdown).

Apply knowledge of constitutional interpretation to advise stakeholders.

Use cumulative insights from weeks 1-4 to propose solutions in week 5.

📖 Key Terms (Quick Reference)

Constitutionalism – Limiting sovereign power to safeguard rights.

Constitution – Foundational legal document defining state structure and
authority.

Sovereignty – Supreme authority of a state over its territory and affairs.

Separation of Powers – Distribution of governmental functions to avoid
concentration.

Constitutional Crisis – Situation where constitutional mechanisms fail to
resolve a power conflict.

Modern Era of Constitutionalism

Goal: Limit the exercise of governmental power by law, not just by a ruler’s
whim.

Key idea: Government is established by law and its powers are regulated by
the same law.

Shift: From rule by birthright to rule determined by rules governing
accession to power.

🏛️
Constitutionalism vs. Constitutional Law

Constitutionalism – the principle of limiting government through a set of
supreme rules.
Constitutional law – the body of laws contained in the constitution that
implements constitutionalism.

📚 Understanding a Constitution

Narrow (Textual) Approach

Views the constitution as a specific document or a small set of documents.

Example: The U.S. Constitution (single written text).

, Broad (Systemic) Approach

Treats the constitution as all rules—written and unwritten—that govern
the acquisition and exercise of power.

Includes de-jure (formal) and de-facto (practical) rules.

Applies to countries with uncodified traditions.



De-jure vs. De-facto Rules
De-jure rules – rules that are formally written into law.
De-facto rules – rules that exist in practice though they may not be written
down.



Countries with Broad (Unwritten) Constitutions
United Kingdom – mixture of statutes, common law, and conventions.

Canada – combines the Constitution Act with unwritten conventions.

Israel relies heavily on basic laws and judicial decisions.

New Zealand operates under a blend of statutes and constitutional
conventions.

Saudi Arabia – includes sharia and traditional practices alongside formal
statutes.



Forms of Constitutions
Form Characteristics Typical
Examples
Codified Single or limited set of documents; United States,
(Written) clear, accessible text. France, India
Uncodified Distributed across statutes, case law, United Kingdom,
(Unwritten) conventions; flexible. Israel
Amendment Mechanisms

Rigidi Process Example
ty
Rigid Requires referendum with participation Italy (constitutional
and approval thresholds; often entrenched reforms)
clauses.
Flexib Can be altered by simple parliamentary United Kingdom
le majority; no special procedures. (parliamentary
sovereignty)
Hybri Combines both: some provisions need Germany (basic law)

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