CSS Law (Constitutional) Comparative Constitutional Systems Syllabus

What is the structure of the US Congress?

A bicameral legislature: the Senate (100 members, 2 per state, 6-year terms) and the House of Representatives (435 members, apportioned by population, 2-year terms).

What is the US presidential veto and how is it overridden?

The President can refuse to sign a bill, returning it to Congress with objections. Congress can override the veto by a two-thirds majority in both the House and the Senate.

What is a 'pocket veto' in the US system?

If the President neither signs nor returns a bill within 10 days and Congress adjourns during that period, the bill does not become law—Congress cannot override it.

What is the US Bill of Rights?

The first ten amendments to the US Constitution (ratified 1791) guaranteeing fundamental liberties such as freedom of speech, religion, press, assembly, the right to bear arms, due process, and protection against unreasonable searches.

What does the First Amendment to the US Constitution protect?

Freedom of religion (establishment and free exercise clauses), freedom of speech, freedom of the press, the right to peaceably assemble, and the right to petition the government.

What does the Fifth Amendment guarantee?

Right to grand jury indictment, protection against double jeopardy, protection against self-incrimination, guarantee of due process of law, and just compensation for property taken (eminent domain).

What is the doctrine of judicial review in the US, and which case established it?

The power of courts to declare legislative and executive acts unconstitutional and void. Established in Marbury v. Madison (1803) by Chief Justice John Marshall.

Describe the structure and tenure of the US Supreme Court.

Nine Justices (one Chief Justice, eight Associates), nominated by the President and confirmed by the Senate, holding office during 'good behaviour' (effectively life tenure).

How is the US Constitution amended (Article V)?

Proposal by a two-thirds vote of both houses of Congress (or a national convention called by two-thirds of states), then ratification by three-fourths of the state legislatures or conventions.

What is the impeachment process for the US President?

The House of Representatives impeaches (charges) by a simple majority; the Senate tries the case, with conviction and removal requiring a two-thirds majority. The Chief Justice presides over a presidential trial.

What is the French Fifth Republic and when was it established?

The current French constitutional system, established by the Constitution of 1958 under Charles de Gaulle, creating a strong executive presidency to overcome the instability of the Fourth Republic.

Define a semi-presidential system of government.

A hybrid system combining a popularly elected President (with real executive powers) and a Prime Minister/cabinet responsible to the legislature. France's Fifth Republic is the classic model.

How is the French President elected and for what term?

Directly elected by universal suffrage through a two-round (runoff) system; the term is 5 years (reduced from 7 by the 2000 referendum), limited to two consecutive terms.

What is 'cohabitation' in the French system?

The situation where the President and the Prime Minister come from opposing political parties because the President's party lacks a parliamentary majority, forcing power-sharing between them.

What are the key powers of the French President under the 1958 Constitution?

Appointing the Prime Minister, presiding over the Council of Ministers, dissolving the National Assembly, holding referendums, and invoking emergency powers under Article 16.

What is Article 16 of the French Constitution?

It grants the President exceptional emergency powers when the institutions of the Republic or national independence are under serious and immediate threat, allowing rule by decree.

What is the structure of the French Parliament?

Bicameral: the National Assembly (lower house, directly elected, can be dissolved, votes on confidence) and the Senate (upper house, indirectly elected by an electoral college).

What is the French Constitutional Council (Conseil constitutionnel)?

The body that reviews the constitutionality of laws and treaties, supervises elections and referendums. It comprises 9 appointed members (9-year terms) plus former Presidents as ex officio life members.

How does French constitutional review differ traditionally from US judicial review?

France historically used a priori (pre-enactment) abstract review by the Constitutional Council rather than concrete a posteriori review by ordinary courts; since 2008 (QPC), a posteriori review on individual cases is also allowed.

What is the 'bloc de constitutionnalité' in French law?

The body of constitutional norms used by the Constitutional Council, comprising the 1958 Constitution, the 1789 Declaration of the Rights of Man, the 1946 Constitution preamble, and fundamental principles recognized by the laws of the Republic.

What characterized the Soviet (USSR) constitutional model?

A socialist constitution based on Marxist-Leninist ideology, vesting all power nominally in the people through soviets, with the Communist Party as the leading force, state ownership of the means of production, and 'democratic centralism.'

What was the principle of 'democratic centralism' in the Soviet system?

Free discussion within the Party before a decision, but strict, binding obedience to the decision once made; lower bodies subordinate to higher ones and elected bodies accountable upward.

What is the federal structure of the Russian Federation under the 1993 Constitution?

A federation of constituent subjects (republics, krais, oblasts, autonomous areas, and federal cities) with powers divided between the federal centre and the subjects, and a Federal Assembly as the bicameral legislature.

Describe the Russian Federal Assembly.

The bicameral parliament: the Federation Council (upper house representing the federal subjects) and the State Duma (lower house, directly elected, holding primary legislative power).

What is the nature of executive power and the President in post-Soviet Russia?

A strong, dominant presidency: the President is directly elected head of state, guarantor of the constitution, sets domestic and foreign policy direction, appoints the Prime Minister, and can dissolve the State Duma—creating a 'super-presidential' system.

What is the Chinese (PRC) socialist constitutional model based on?

Marxism-Leninism and Mao Zedong Thought; a unitary socialist state under the people's democratic dictatorship, led by the Communist Party of China, with the National People's Congress as the highest organ of state power.

What is the National People's Congress (NPC) of China?

The highest organ of state power and the national legislature; it enacts and amends the Constitution and basic laws, elects top state officials, and meets annually, with its Standing Committee exercising power between sessions.

What is the relationship between the Communist Party and the State in China?

The CPC is constitutionally the leading political force; the principle of Party leadership means the Party directs the state organs, which implement Party policy—fusing party and state under 'democratic centralism.'

How does Indian federalism differ from US federalism (centre-state relations)?

India has a quasi-federal system with a strong centre: single citizenship, an integrated judiciary, All-India Services, residuary powers with the Union, and emergency provisions allowing the centre to override states—unlike the dual, more balanced US model.

What are the three legislative lists under India's Seventh Schedule?

The Union List (subjects on which only Parliament legislates), the State List (subjects for state legislatures), and the Concurrent List (subjects on which both may legislate, with Union law prevailing in conflict).