Short Summary of Constitutional Law

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[...] Political Pluralism: Free elections where the people elect their representatives by universal, equal, and secret suffrage. iii. Separation of Powers: Ensuring fundamental individual freedoms by separating the three powers. c. Modes of Expression: i. Direct Democracy: The people exercise political power directly. ii. Representative Democracy: Citizens delegate their power to elected representatives. iii. Participatory Democracy: Mechanisms allowing greater citizen involvement in political decisions. 18. Characteristics of Participatory Democracy: a. Extension of voting rights and frequency, accompanied by legislative initiative. b. [...]

[...] Short Summary of Constitutional Law 1. Definition of Constitutional Law: Set of norms contained in the Constitution that define the legal identity, territorial and administrative organization of the State, the rights and duties of citizens, and the relationships between citizens and power holders. 2. Place of Constitutional Law: The main branch of public law, framing political power, defining the organization and functioning of institutions, and setting the rules for the devolution, exercise, and control of power. 3. Characteristics of Constitutional Law: a. [...]

[...] 1930s : Hobbes' thought invoked by theorists of fascism and national socialism. c. Liberal Conceptions of the State : i. Rejection of Absolutism: John Locke shows that men have made a pact with the monarch to respect liberties and property. Violation of the contract justifies revolution. ii. Separation of Powers : Montesquieu advocates separate, equal, and complementary powers for a moderate and liberal State. iii. Social Contract: Jean-Jacques Rousseau considers that men have made a pact to conform to the general will, expressed in the law. [...]

[...] Violation of the contract justifies revolution. b. Theory of Separation of Powers: Advocated by Montesquieu, it establishes separate, equal, and complementary powers to allow the advent of a moderate and liberal state. c. Law as the Source of Power in the Social Contract Theory: JeanJacques Rousseau considers that men have made a pact to conform to the general will, expressed in the law. d. Minimal State Theory: Developed by Benjamin Constant, Tocqueville, and Guizot, it advocates a state that ensures a minimum of order conducive to the flourishing of liberties, without intervention in the economic and social domain. [...]

[...] The federation represents a common life, while the confederation is a learning of living together before tightening the bonds. 16. Definition of Formal and Material Constitution: a. Formal (Organic) Constitution: Fundamental and founding text, located at the top of the hierarchy of norms, elaborated and revised according to a specific procedure. b. Material (Contained) Constitution: Set of the most important legal rules of the state, determining the devolution and exercise of political power, the political and legal form of the state, the relationships between powers, as well as rights and freedoms. [...]