Recap:
Comparative
Constitutional Law
, Week 1:
History of Constitutions +
Origins and Main Features of
Different Constitutions
,Rule of law
Aspects of the rule of law: Purpose of the rule of law
● Democracy ● Answers the following
○ Nobody is above the law; everyone is equal before question(s):
the law ○ What are the limitations to
● Principle of legality the power of government?
○ Citizens can act freely unless the conduct is explicitly ○ What should a government
prohibited by law look like?
○ Government can only act in competences conferred
upon them
● Separation of powers Rule of law in Europe:
○ Power should be distributed to different ● Constantly developing
organs/people ● Explicitly/implicitly seen
■ Includes checks + balances ● Generally its applied the same,
○ To prevent abuse of power of one organ/inside + but there are some slight
having too much power differences
● Human rights
○ Everyone has human rights; universal + unalienable
○ Legislator has to respect human rights
, Development of the Rule of Law (13th - 19th century)
Comparative
Constitutional Law
, Week 1:
History of Constitutions +
Origins and Main Features of
Different Constitutions
,Rule of law
Aspects of the rule of law: Purpose of the rule of law
● Democracy ● Answers the following
○ Nobody is above the law; everyone is equal before question(s):
the law ○ What are the limitations to
● Principle of legality the power of government?
○ Citizens can act freely unless the conduct is explicitly ○ What should a government
prohibited by law look like?
○ Government can only act in competences conferred
upon them
● Separation of powers Rule of law in Europe:
○ Power should be distributed to different ● Constantly developing
organs/people ● Explicitly/implicitly seen
■ Includes checks + balances ● Generally its applied the same,
○ To prevent abuse of power of one organ/inside + but there are some slight
having too much power differences
● Human rights
○ Everyone has human rights; universal + unalienable
○ Legislator has to respect human rights
, Development of the Rule of Law (13th - 19th century)