CSS Law (Constitutional) Foundations of Constitutional Law Flashcards

24 sample cards from the Foundations of Constitutional Law deck

Sampled from the end of the deck, so these are different cards from the ones shown on the syllabus page.

1. Give two examples each of federal and unitary states.

   Federal: USA, India, Pakistan, Australia, Canada. Unitary: United Kingdom, France, Japan, China.

2. How does federalism differ from a unitary system regarding distribution of power?

   In federalism power is constitutionally divided and guaranteed between centre and units, neither able to abolish the other. In a unitary system all power rests with the centre, which delegates to regions and can revoke that delegation.

3. What is a confederation, and how does it differ from a federation?

   A confederation is a loose union of sovereign states that delegate limited powers to a central body while retaining sovereignty and the right to secede. In a federation, the central government is sovereign within its sphere and units generally cannot secede.

4. What is a Parliamentary System of government?

   A system in which the executive (cabinet headed by a Prime Minister) is drawn from and accountable to the legislature, the head of state and head of government are separate, and the executive remains in office only while it commands the confidence of the legislature.

5. List the key features of a parliamentary system.

   Nominal vs. real executive (head of state vs. head of government), collective responsibility of the cabinet to the legislature, close fusion of executive and legislature, leadership of the Prime Minister, and the possibility of dissolving the legislature.

6. What is meant by 'collective responsibility' in a parliamentary system?

   The principle that the cabinet is collectively accountable to the legislature; ministers must publicly support cabinet decisions, and if the legislature passes a vote of no confidence, the entire cabinet must resign.

7. What is a 'nominal' versus a 'real' executive in a parliamentary system?

   The nominal (titular) executive is the head of state (monarch or president) who holds formal authority but exercises little real power. The real executive is the Prime Minister and cabinet who actually exercise governmental power.

8. What is a Presidential System of government?

   A system in which the President is both head of state and head of government, is elected separately from the legislature, and the executive and legislature are independent of each other with fixed terms; the executive is not accountable to the legislature for its tenure.

9. List the key features of a presidential system.

   A single executive (the President as both head of state and government), separation of powers, fixed term for the executive, non-accountability of the executive to the legislature for survival, and the President's ministers being responsible to the President, not the legislature.

10. In a presidential system, how is the executive's tenure secured?

    The President serves a fixed term and cannot ordinarily be removed by the legislature through a vote of no confidence; removal is possible only through the special process of impeachment for serious misconduct.

11. Compare the relationship between executive and legislature in parliamentary vs. presidential systems.

    Parliamentary: fusion of powers the executive is part of and accountable to the legislature. Presidential: separation of powers the executive and legislature are separate, independent, and not accountable to each other for tenure.

12. Compare the tenure of the executive in parliamentary vs. presidential systems.

    Parliamentary: the executive holds office only while it enjoys the legislature's confidence and can be removed by a no-confidence vote. Presidential: the executive serves a fixed term and is removable only by impeachment.

13. Compare the head of state and head of government in parliamentary vs. presidential systems.

    Parliamentary: the two offices are separate (e.g., monarch/president as head of state, PM as head of government). Presidential: both offices are combined in one person the President.

14. What is one major advantage and one disadvantage of the parliamentary system?

    Advantage: close harmony and cooperation between executive and legislature, with continuous accountability. Disadvantage: instability of government, since the executive can fall whenever it loses majority support.

15. What is one major advantage and one disadvantage of the presidential system?

    Advantage: stability of the executive due to a fixed term. Disadvantage: risk of deadlock between an independent executive and legislature, and potential for executive authoritarianism.

16. What is the Independence of the Judiciary?

    The principle that the judiciary must be free from control, pressure, or influence by the executive and legislature, so that judges can decide cases impartially according to law without fear or favour.

17. What constitutional safeguards secure the independence of the judiciary?

    Security of tenure, a fixed and non-reducible salary charged on the consolidated fund, a difficult removal procedure (e.g., via a judicial council or impeachment), separation of judiciary from the executive, and protection from arbitrary transfer or dismissal.

18. Why is an independent judiciary essential to constitutionalism and the rule of law?

    Because it impartially enforces the constitution, protects fundamental rights, checks the executive and legislature, resolves disputes between centre and units in federations, and ensures that no organ of state acts beyond its legal authority.

19. What is Judicial Review?

    The power of the courts to examine the actions of the legislature and executive, and to declare them void if they are inconsistent with the constitution; it ensures the supremacy of the constitution and protects fundamental rights.

20. Which landmark case established the principle of judicial review in the United States?

    Marbury v. Madison (1803), in which Chief Justice John Marshall held that the courts have the power to declare a law unconstitutional, establishing judicial review.

21. What is the basis or justification for judicial review?

    The supremacy of the constitution: since the constitution is the highest law, any legislative or executive act repugnant to it is void, and it is the duty of the courts, as guardians of the constitution, to enforce this supremacy.

22. What is Constitutional Interpretation?

    The process by which courts ascertain and give meaning to the provisions of the constitution when applying them to specific cases, especially where the language is ambiguous, general, or silent on an issue.

23. Name and define two major approaches to constitutional interpretation.

    Originalism/literal (textualism): interpreting the constitution according to the plain meaning or the original intent of its framers. Living constitution (purposive): interpreting it dynamically in light of changing social conditions and the document's broad purposes.

24. What is the 'doctrine of basic structure' in constitutional interpretation?

    A judicial doctrine (notably from India's Kesavananda Bharati case, 1973) holding that the legislature's power to amend the constitution does not extend to altering or destroying its fundamental features or basic structure, which remain beyond amendment.

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