CONSTITUTIONS COMPARED
State
“Sate” can mean several things. One possibility is to use “state” in the sense of “public
authority”, as in “wages are determined by the free market or by the state” or “the state
sometimes interferes with private life”. In that sense, “state” is often used synonymously with
“the government” as opposed to the private realm.
- STATE AS IN SOVEREIGN COUNTRY. In that sense, a state is a socio-political entity
with its own set of government institutions exercising control over its population and
territory. This should correspond with the definition of a state under public international
law.
- STATE AS IN FEDERAL ENTITY. In some countries that have a federal structure, the
territory is made up of several sub-entities that are called States. We shall use
capitalization to describe States in the sense of entities that form part of a federation.
Country
In formal speech, “country” is usually used synonymously with “states”, as in “France is a
sovereign country”. When referring to sovereign countries we shall use the formal term
“state”, and only occasionally refer to “country” to avoid ambiguities.
Nation
Another term that is sometimes used interchangeably with “state” is “nation”. Strictly
speaking, a nation refers to an ethnic-cultural category. The “nation” can be a founding
concept in a constitutional system, such as the source of all sovereign power. Equating “state”
with “nation”, is a habit deriving historically form nationalist thinking, holding that every
nation deserves to have its own state. Since virtually all states in the world are multi-ethnic,
we shall avoid the term “nation”, and only occasionally use terms such as national capital,
national anthem or nation-wide to prevent ambiguities.
Government
The term “government” is also a term that gives rise to ambiguities and translation problems in comparative
constitutional discourse. We have three most important meanings:
- GOVERNMENT AS IN STATE ORDER. In that sense, government, or system of government, broadly refers to
the entirety of the organs of public authority, including lawmakers, ministers and judges.
- GOVERNMENT AS IN EXECUTIVE. In that sense, the government comprises the head of government and a
body of ministers, or “secretaries”, representing executive power as opposed to the parliament and the
courts.
- GOVERNMENT AS IS GOVERNING MAJORITY. In parliamentary democracies, the political party or parties
that have a majority in parliament can form the government. This means that they are entitled to compose
the cabinet, but they can also be referred to as being the government, as opposed to the minority or
parliamentary opposition.
Republic
The term “republic” is usually meant to denote a particular system of government.
- FIRSTY. A state that has adopted a republican form of government is one whose head
of state is not a monarch.
- SECONDLY. Republic can refer to the name of a state which has a republican order,
such as the French Republic, the Federal Republic of Germany, the Portuguese Republic
, or the Republic Cyprus. Not all republics bear the republican character of their
constitution in their official name, though.
- THIRDLY. Republic can also refer to a period in a state’s history when a republican
order prevailed, especially after the deposition of a monarch or before the
establishment of a monarchy in the same system.
NOTE:
Republic is the opposite of monarchy, this is also the sense in which the constitutions of
the US, France and Germany refer to “republicanism”: they safeguard this principle so as
to bar the re-introduction of a monarchy. That a “revolutionary moment” may occur
which does for all practical purposes change a republic into a monarchy and vice versa.
Such a change may be unconstitutional under the rules of the former constitutional
order, but still acquire legitimacy through acceptance by the people and/or the adoption
of a new constitution.
Monarchy
Even where a state is a monarchy, it needs to be governed by absolute one-man rule. Most
European monarchies whereby the power of the monarch, such as a king/queen or grand
duke, derive from, and is limited by, a constitution. Usually, monarchies the King or Queen
holds office until abdication or death and is then succeeded by their heir. Monarchies can
therefore in reality just as well live by “republican” values in a broader sense: democratic
representation, rule by many with the consent of the governed, separation of powers, limited
government and rule of law. Absolute monarchies or near-absolute autocracies are rare in the
contemporary world. E.g. the Vatican in Europe.
Nor do monarchies need to be hereditary; they can also be elective. In that case, a new
monarch, rather than ascending the throne by a fixed line of succession, gets chosen by a
body of electors.
E.g the Vatican state is an elective monarchy, where the Pope gets elected by a
college of cardinals.
Democracy
Often presented as a fundamental characteristic of Western constitutional systems,
emphasizing governance by the people either directly or through elected representatives.
- INDIRECT DEMOCRACY: Citizens elect representatives to make decisions on their
behalf.
- DIRECT DEMOCRACY: Citizens directly vote on specific issues or laws (e.g., Swiss
referenda).
Even within democracies, the application of democratic principles can differ widely (e.g., UK,
Germany, France). The use of referenda varies significantly among countries, with the UK
using them sparingly for specific issues (e.g., Brexit, Scottish independence). The EU operates
under a unique democratic model, combining representative democracy with aspects of dual
legitimacy, wherein both citizens and states are represented.
Overview
The current constitution of Us, The Netherlands, France and Germany can be viewed as an expression of
effort to replace an old order with a new one.
United States – the constitution was to bring about a closer unification in the late 18th century of 13 newly
independent colonies.
State
“Sate” can mean several things. One possibility is to use “state” in the sense of “public
authority”, as in “wages are determined by the free market or by the state” or “the state
sometimes interferes with private life”. In that sense, “state” is often used synonymously with
“the government” as opposed to the private realm.
- STATE AS IN SOVEREIGN COUNTRY. In that sense, a state is a socio-political entity
with its own set of government institutions exercising control over its population and
territory. This should correspond with the definition of a state under public international
law.
- STATE AS IN FEDERAL ENTITY. In some countries that have a federal structure, the
territory is made up of several sub-entities that are called States. We shall use
capitalization to describe States in the sense of entities that form part of a federation.
Country
In formal speech, “country” is usually used synonymously with “states”, as in “France is a
sovereign country”. When referring to sovereign countries we shall use the formal term
“state”, and only occasionally refer to “country” to avoid ambiguities.
Nation
Another term that is sometimes used interchangeably with “state” is “nation”. Strictly
speaking, a nation refers to an ethnic-cultural category. The “nation” can be a founding
concept in a constitutional system, such as the source of all sovereign power. Equating “state”
with “nation”, is a habit deriving historically form nationalist thinking, holding that every
nation deserves to have its own state. Since virtually all states in the world are multi-ethnic,
we shall avoid the term “nation”, and only occasionally use terms such as national capital,
national anthem or nation-wide to prevent ambiguities.
Government
The term “government” is also a term that gives rise to ambiguities and translation problems in comparative
constitutional discourse. We have three most important meanings:
- GOVERNMENT AS IN STATE ORDER. In that sense, government, or system of government, broadly refers to
the entirety of the organs of public authority, including lawmakers, ministers and judges.
- GOVERNMENT AS IN EXECUTIVE. In that sense, the government comprises the head of government and a
body of ministers, or “secretaries”, representing executive power as opposed to the parliament and the
courts.
- GOVERNMENT AS IS GOVERNING MAJORITY. In parliamentary democracies, the political party or parties
that have a majority in parliament can form the government. This means that they are entitled to compose
the cabinet, but they can also be referred to as being the government, as opposed to the minority or
parliamentary opposition.
Republic
The term “republic” is usually meant to denote a particular system of government.
- FIRSTY. A state that has adopted a republican form of government is one whose head
of state is not a monarch.
- SECONDLY. Republic can refer to the name of a state which has a republican order,
such as the French Republic, the Federal Republic of Germany, the Portuguese Republic
, or the Republic Cyprus. Not all republics bear the republican character of their
constitution in their official name, though.
- THIRDLY. Republic can also refer to a period in a state’s history when a republican
order prevailed, especially after the deposition of a monarch or before the
establishment of a monarchy in the same system.
NOTE:
Republic is the opposite of monarchy, this is also the sense in which the constitutions of
the US, France and Germany refer to “republicanism”: they safeguard this principle so as
to bar the re-introduction of a monarchy. That a “revolutionary moment” may occur
which does for all practical purposes change a republic into a monarchy and vice versa.
Such a change may be unconstitutional under the rules of the former constitutional
order, but still acquire legitimacy through acceptance by the people and/or the adoption
of a new constitution.
Monarchy
Even where a state is a monarchy, it needs to be governed by absolute one-man rule. Most
European monarchies whereby the power of the monarch, such as a king/queen or grand
duke, derive from, and is limited by, a constitution. Usually, monarchies the King or Queen
holds office until abdication or death and is then succeeded by their heir. Monarchies can
therefore in reality just as well live by “republican” values in a broader sense: democratic
representation, rule by many with the consent of the governed, separation of powers, limited
government and rule of law. Absolute monarchies or near-absolute autocracies are rare in the
contemporary world. E.g. the Vatican in Europe.
Nor do monarchies need to be hereditary; they can also be elective. In that case, a new
monarch, rather than ascending the throne by a fixed line of succession, gets chosen by a
body of electors.
E.g the Vatican state is an elective monarchy, where the Pope gets elected by a
college of cardinals.
Democracy
Often presented as a fundamental characteristic of Western constitutional systems,
emphasizing governance by the people either directly or through elected representatives.
- INDIRECT DEMOCRACY: Citizens elect representatives to make decisions on their
behalf.
- DIRECT DEMOCRACY: Citizens directly vote on specific issues or laws (e.g., Swiss
referenda).
Even within democracies, the application of democratic principles can differ widely (e.g., UK,
Germany, France). The use of referenda varies significantly among countries, with the UK
using them sparingly for specific issues (e.g., Brexit, Scottish independence). The EU operates
under a unique democratic model, combining representative democracy with aspects of dual
legitimacy, wherein both citizens and states are represented.
Overview
The current constitution of Us, The Netherlands, France and Germany can be viewed as an expression of
effort to replace an old order with a new one.
United States – the constitution was to bring about a closer unification in the late 18th century of 13 newly
independent colonies.
