CSS Law (Constitutional) Comparative Constitutional Systems Syllabus

Comparative Constitutional Systems syllabus — full chapter and topic list

Expand any chapter to see its topics and sub-topics. This is the whole examinable outline for Comparative Constitutional Systems in CSS Law (Constitutional), not a summary of it.

1. 1

   Constitution of the United Kingdom

   4 topics

   • Unwritten Constitution and Conventions
   • Parliamentary Sovereignty
   • The Crown and Cabinet Government
   • Rule of Law in the UK
2. 2

   Constitution of the United States

   4 topics

   • Federal Structure and Separation of Powers
   • The Presidency and Congress
   • Bill of Rights
   • Judicial Review and the Supreme Court
3. 3

   Constitution of France

   3 topics

   • The Fifth Republic
   • Semi-Presidential System
   • Constitutional Council
4. 4

   Constitution of Russia

   3 topics

   • Post-Soviet Constitutional Framework
   • Federal Structure and Executive Power
   • Role of the President
5. 5

   Constitution of China

   3 topics

   • Socialist Constitutional Model
   • National People's Congress
   • Communist Party and the State
6. 6

   Constitution of India

   4 topics

   • Federalism and Centre-State Relations
   • Fundamental Rights and Directive Principles
   • Basic Structure Doctrine
   • Parliamentary Government
7. 7

   Constitution of Turkey

   3 topics

   • Secularism and Kemalist Principles
   • Transition to Presidential System
   • Role of the Military and Judiciary

Comparative Constitutional Systems flashcards for CSS Law (Constitutional)

18 of 50 cards from the Comparative Constitutional Systems deck — real questions with worked answers.

1. What is an unwritten (uncodified) constitution, and which country is the classic example?

   A constitution not contained in a single codified document but derived from multiple sources—statutes, common law, conventions, and authoritative works. The United Kingdom is the classic example.

2. List the principal sources of the UK constitution.

   Acts of Parliament (statute law), judicial decisions (common law), constitutional conventions, royal prerogative, works of authority (e.g., Dicey, Bagehot), and EU/international law historically.

3. What are constitutional conventions in the UK?

   Non-legal, binding rules of political practice that regulate the conduct of constitutional actors. They are not enforced by courts but are obeyed for political/practical reasons (e.g., the monarch acts on ministerial advice).

4. Give two examples of UK constitutional conventions.

   The monarch must grant Royal Assent to bills passed by Parliament; the Prime Minister must command the confidence of the House of Commons; the Crown acts on the advice of ministers.

5. Define Dicey's doctrine of Parliamentary Sovereignty.

   Parliament can make or unmake any law whatsoever; no person or body can override or set aside legislation of Parliament; and no Parliament can bind its successors.

6. What are the three pillars of A.V. Dicey's conception of the Rule of Law?

   (1) No punishment except for a breach of law established in ordinary courts (no arbitrary power); (2) equality before the law—all subject to ordinary law and ordinary courts; (3) the constitution is the result of ordinary law (rights derive from judicial decisions).

7. How does the UK reconcile Parliamentary Sovereignty with judicial review of legislation?

   UK courts cannot strike down primary legislation. Under the Human Rights Act 1998 they may issue a 'declaration of incompatibility,' but the statute remains valid until Parliament amends it, preserving sovereignty.

8. What is the difference between the 'dignified' and 'efficient' parts of the constitution per Walter Bagehot?

   The 'dignified' parts (the Crown, monarchy) excite reverence and legitimacy; the 'efficient' parts (Cabinet, Parliament) actually do the work of governing.

9. What is the royal prerogative in the UK?

   The residue of discretionary powers historically vested in the Crown, now mostly exercised by ministers—e.g., declaring war, making treaties, granting honours, and dissolving/proroguing Parliament.

10. What is meant by 'the Crown' in the UK constitutional system?

    The Crown is the legal embodiment of executive government—a corporation sole representing the monarch and the state. The monarch reigns but does not rule; powers are exercised by ministers in the Crown's name.

11. What is Cabinet government in the UK?

    A system where executive authority is exercised collectively by the Cabinet—senior ministers led by the Prime Minister—who are collectively responsible to Parliament and individually responsible for their departments.

12. Explain the doctrine of collective ministerial responsibility.

    All Cabinet ministers must publicly support government decisions or resign; Cabinet decisions are binding on all members; and the government stands or falls together before Parliament.

13. Explain individual ministerial responsibility.

    Each minister is accountable to Parliament for the conduct and policies of their department and may be required to resign for personal or departmental failures.

14. What is the position of the Prime Minister in the UK system?

    The PM is the head of government, leader of the majority party in the Commons, chair of the Cabinet, and 'primus inter pares' (first among equals)—though modern PMs wield dominant power.

15. What is the role of the UK Supreme Court (created 2009)?

    It is the highest court of appeal for civil cases in the UK and criminal cases in England, Wales, and Northern Ireland; it interprets statutes and exercises judicial review of executive action but cannot invalidate Acts of Parliament.

16. What is the basic feature of a federal system of government?

    Division of sovereign powers between a central (national) government and constituent units (states/provinces), each supreme within its sphere, with a written constitution and an independent judiciary to umpire disputes.

17. Define the separation of powers doctrine and name its principal theorist.

    The division of government into legislative, executive, and judicial branches, each with distinct functions and personnel to prevent concentration of power. Montesquieu is its principal theorist (in 'The Spirit of the Laws').

18. What is the system of 'checks and balances' in the US Constitution?

    Mechanisms allowing each branch to limit the others—e.g., presidential veto of legislation, congressional override and impeachment, Senate confirmation of appointments, and judicial review of laws and executive acts.

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