Quiz: Foundations of Constitutional Law — 45 questions

1. Regarding the purpose and scope of constitutional law, which statements are correct?

A. In the organic sense, power refers to the activity exercised by an organ.

B. Political power is the authority that organizes and directs a collective.

C. Constitutional law primarily organizes the powers of the President, Government, Parliament, and Constitutional Council.

D. Constitutional law mainly concerns administration and public services rather than political organization.

E. Constitutional law stabilizes political power through institutions and legal norms.

Answer: (B), (C), (E)

Explanation

Constitutional law organizes, frames, and stabilizes political power through institutions and legal norms. It primarily concerns the principal political institutions, while administrative law focuses on administration and public services; political power directs a collective, and the organic sense concerns the authority holding competence.

2. Concerning the principal field of constitutional law, tick the correct statements:

A. Administrative law mainly concerns political sovereignty and relations between powers.

B. Constitutional law examines the powers and limits of the Government.

C. The Constitutional Council forms part of the institutions primarily addressed by constitutional law.

D. The functional sense of power identifies the authority that holds a competence.

E. The organic sense of power identifies the institution holding a competence.

Answer: (B), (C), (E)

Explanation

Constitutional law primarily organizes the powers, relationships, and limits of the President, Government, Parliament, and Constitutional Council. It mainly concerns political organization and sovereignty, whereas administrative law concerns administration and public services; the organic sense identifies the institution holding competence.

3. A distinction between constitutional and administrative law includes which accurate statements?

A. Political power directs and organizes a collective.

B. Administrative law primarily concerns administration and public services.

C. The functional sense of power concerns the activity or competence exercised by an organ.

D. Constitutional law mainly concerns public services and administrative agencies.

E. The organic sense of power concerns the legal activity performed by an institution.

Answer: (A), (B), (C)

Explanation

Political power organizes and directs a collective, while constitutional law organizes political power. Administrative law instead concerns administration and public services, and the functional sense refers to the activity or competence exercised by an organ.

4. The characteristics of an institution and political power include:

A. The organic sense of power refers to an activity exercised by an organ.

B. An institution progressively becomes detached from its author.

C. Political power consists in organizing and directing a collective.

D. An institution remains tied to the personal survival of its original creator.

E. An institution may continue after its creator or officeholder disappears.

Answer: (B), (C), (E)

Explanation

An institution becomes detached from its creator and continues beyond the disappearance or replacement of its officeholder. Political power directs a collective, whereas the functional sense of power concerns an activity or competence rather than the institution holding it.

5. Regarding constitutional supremacy and the legislative function, which statements are correct?

A. The Constitution stands at the top of the hierarchy of norms.

B. Lower legal norms must comply with constitutional norms.

C. Article 24 assigns the legislative voting function to the President.

D. Ordinary norms are superior to constitutional norms in the hierarchy.

E. Parliament votes on legislation under the conditions established by the Constitution.

Answer: (A), (B), (E)

Explanation

Constitutional supremacy places the Constitution above lower norms and requires those norms to comply with it. Parliament votes on legislation under Article 24, while constitutional norms are not subordinate to ordinary norms.

6. Concerning positive law and norms of empowerment, select the correct statements:

A. Parliament’s competence to vote legislation illustrates an empowering norm.

B. A norm of empowerment grants an institution legal competence to act.

C. Positive law includes every rule that has ever existed in a legal order.

D. Positive law consists of rules actually in force at a given time.

E. A norm of empowerment determines whether an action is politically legitimate.

Answer: (A), (B), (D)

Explanation

Positive law consists of rules actually in force in a legal order at a particular time. A norm of empowerment grants legal competence to an institution, while Parliament’s legislative voting competence is linked to Article 24.

7. The constitutional block and the distinction between constitutionality and legitimacy comprise which statements?

A. Constitutionality asks whether conduct complies with constitutional rules.

B. The constitutional block includes the Environmental Charter of 2004.

C. Legitimacy concerns whether conduct is considered acceptable or justified.

D. The constitutional block includes the 1958 Constitution.

E. The Declaration of the Rights of Man and of the Citizen dates from 1789.

Answer: (A), (B), (C), (D), (E)

Explanation

The constitutional block includes the 1958 Constitution, the 1789 Declaration, the 1946 Preamble, and the 2004 Environmental Charter. Constitutionality concerns compliance with constitutional rules, whereas legitimacy concerns acceptability or consistency with political and social will.

8. Which statements accurately distinguish constitutional powers and constitutional evaluation?

A. Constitutionality evaluates compliance with constitutional rules.

B. A norm of empowerment grants an institution competence to act.

C. Legitimacy evaluates whether conduct is acceptable or justified.

D. The President’s appointment of the Prime Minister illustrates an empowering norm.

E. Constitutional supremacy requires ordinary norms to comply with constitutional norms.

Answer: (A), (B), (C), (D), (E)

Explanation

A norm of empowerment grants legal competence, such as Parliament’s power to vote legislation or the President’s power to appoint the Prime Minister. Constitutional supremacy requires lower norms to comply with constitutional norms; legitimacy is instead an evaluative question about acceptability or political and social will.

9. Concerning constitutional law as an academic discipline, which statements are correct?

A. Nineteenth-century constitutional law progressively sought autonomy as a legal discipline.

B. Constitutional doctrine is limited to political practices and electoral behavior.

C. Constitutional doctrine is produced by jurists and academics.

D. Constitutional doctrine helps interpret and classify constitutional law.

E. Constitutional law teaching became compulsory at the Paris Faculty of Law on 22 August 1834.

Answer: (A), (C), (D), (E)

Explanation

Constitutional doctrine consists of studies and reflections by jurists and academics that interpret, classify, and construct constitutional law. Constitutional teaching became compulsory at the Paris Faculty of Law on 22 August 1834, while nineteenth-century constitutional law sought autonomy as a legal discipline.

10. Which event marked the organization of compulsory constitutional-law teaching?

A. It occurred in the context of teaching the Constitutional Charter.

B. It occurred during the twentieth century.

C. It occurred at the Paris Faculty of Law.

D. It occurred on 22 August 1834.

E. It concerned the Constitutional Charter.

Answer: (A), (C), (D), (E)

Explanation

Constitutional teaching was organized and made compulsory at the Paris Faculty of Law on 22 August 1834. The date is not 1830; the other historical developments belong to later stages of constitutional scholarship or review.

11. The development of constitutional scholarship and review involved which accurate statements?

A. The QPC was created by a constitutional revision in 2008.

B. The QPC mechanism entered into force in 2010.

C. From the 1950s, scholars increasingly examined political practices.

D. Electoral behavior became a subject of constitutional scholarship from the 1950s.

E. The 1971 Liberté d’association decision expanded review to fundamental rights.

Answer: (A), (B), (C), (D), (E)

Explanation

From the 1950s, scholars studied political practices, electoral behavior, parties, and the concrete functioning of regimes because texts did not always match reality. The 1971 decision expanded constitutional review and gave constitutional value to the Preamble, while the QPC was created in 2008 and entered into force in 2010.

12. Regarding major developments in constitutional review, which statements are correct?

A. The Constitutional Council’s Liberté d’association decision dates from 16 July 1971.

B. The 1971 decision expanded constitutional review to fundamental rights and freedoms.

C. That decision gave constitutional value to the Preamble of the 1958 Constitution.

D. The QPC was created by constitutional revision in 2008.

E. The QPC mechanism entered into force in 2010.

Answer: (A), (B), (C), (D), (E)

Explanation

The 16 July 1971 Liberté d’association decision gave constitutional value to the Preamble and expanded review to fundamental rights and freedoms. The QPC was created in 2008 and entered into force in 2010, not in 1971 or 2008 respectively.

13. Regarding the ancient Greek concept of Politeia and Aristotle’s regime classification, which statements are correct?

A. Politeia prescribes the modern legal rules that organize and limit political power.

B. Proper monarchy and aristocracy pursue the rulers’ private interests.

C. Politeia describes how a city is politically organized and how power operates within it.

D. Tyranny and oligarchy pursue the rulers’ private interests.

E. Aristotle classified regimes by the number of rulers and their pursued interest.

Answer: (C), (D), (E)

Explanation

Politeia describes the political organization of a city and the operation of power within it. It does not prescribe modern legal limits, while Aristotle’s classification distinguishes regimes by rulers and purpose; monarchy and aristocracy properly serve the general interest, whereas tyranny and oligarchy serve private interests.

14. Concerning ancient political organization and Aristotle’s classification of regimes, select the correct statements:

A. Tyranny and oligarchy are proper forms pursuing the common good.

B. Aristotle classified regimes according to rulers’ number and political purpose.

C. Proper monarchy and aristocracy pursue the general interest.

D. Politeia concerns the political organization and operation of power within a city.

E. Modern constitutions and Politeia prescribe identical legal limits on authority.

Answer: (B), (C), (D)

Explanation

Politeia concerns the organization and operation of political power, not the modern constitutional prescription of legal limits. Aristotle distinguishes proper monarchy and aristocracy, which pursue the general interest, from tyranny and oligarchy, which pursue private interests.

15. The ancient foundations of constitutional thought include which accurate distinctions and contributions?

A. Modern natural law focuses primarily on the natural hierarchy of the city.

B. Roman law distinguished public law from private law.

C. Ancient natural law concerns human nature and the natural organization of the city.

D. Roman law identified public authority exclusively with the person exercising it.

E. Modern natural law emphasizes individual liberty, equality, and consent.

Answer: (B), (C), (E)

Explanation

Ancient natural law focuses on human nature and the natural organization of the city. Modern natural law instead emphasizes individual liberty, equality, and consent; Roman law also contributed to distinguishing public from private law and institutions from officeholders.

16. Regarding liberal conceptions of liberty and Locke’s natural rights, which propositions are correct?

A. Liberal liberty primarily means participation in forming the general will.

B. Liberal liberty emphasizes protection against abuses of state power.

C. Locke treats property as a privilege created solely by government.

D. Locke identifies life, liberty, and property as natural rights.

E. Security-centered liberty emphasizes protection ensured by sovereign power.

Answer: (B), (D), (E)

Explanation

Security-centered liberty emphasizes protection provided by sovereign power, whereas liberal liberty emphasizes protection against state abuses. Locke identifies life, liberty, and property as natural rights that the state must respect.

17. Concerning the constitutional consequences of the English and American Revolutions, select the correct statements:

A. The American Revolution of 1776 led to the Constitution of 1787.

B. The American Constitution was adopted in 1776 after the Revolution.

C. The English Revolution of 1688 preceded the Bill of Rights of 1689.

D. The Bill of Rights strengthened Parliament and limited royal authority.

E. The Constitution of 1787 is described as the first major modern written federal Constitution.

Answer: (A), (C), (D), (E)

Explanation

The English Revolution of 1688 led to the Bill of Rights of 1689, strengthening Parliament and limiting royal authority. The American Revolution of 1776 led to the Constitution of 1787, regarded as the first major modern written federal Constitution.

18. Regarding the major revolutionary milestones associated with modern constitutionalism, which statements are correct?

A. The Constitution of 1787 is described as a major modern written federal constitution.

B. The French Revolution affirmed the limitation of political power.

C. The Bill of Rights of 1689 followed the American Revolution of 1776.

D. The French Revolution occurred in 1789 and affirmed equality.

E. The American Revolution occurred in 1776 and preceded the Constitution of 1787.

Answer: (A), (B), (D), (E)

Explanation

The American Revolution occurred in 1776 and led to the Constitution of 1787, described as the first major modern written federal Constitution. The French Revolution occurred in 1789 and affirmed liberty, equality, sovereignty, and limitation of power.

19. Concerning constitutional moderation of political power, select the correct propositions:

A. Separation of powers leaves political authority without institutional restraints.

B. Arbitrary power is moderated through institutional checks between authorities.

C. Separation of powers arranges institutions so that power checks power.

D. Montesquieu linked political liberty to moderate government and separated powers.

E. Separation of powers prevents concentration through institutional arrangements.

Answer: (B), (C), (D), (E)

Explanation

Separation of powers arranges institutions so that power checks power and political authority is moderated. Montesquieu linked political liberty to moderate government and separation of powers, and identified the English balance through the monarch, Lords, and Commons.

20. Which propositions accurately express Montesquieu’s account of political moderation?

A. Montesquieu located the English balance exclusively in the House of Commons.

B. Montesquieu treated arbitrary power as an adequate substitute for institutional checks.

C. Montesquieu connected political liberty with a moderate government.

D. De l’esprit des lois links moderation to separation of powers.

E. Montesquieu identified the English balance through monarchy, Lords, and Commons.

Answer: (C), (D), (E)

Explanation

Montesquieu’s De l’esprit des lois links political liberty with moderate government and separation of powers. He also describes the English balance through the monarchy, House of Lords, and House of Commons.

21. The institutional and social dimensions of constitutional moderation include which accurate statements?

A. A completely state-controlled society preserves an autonomous civil sphere.

B. Civil society is an autonomous sphere distinct from the state.

C. The English balance described by Montesquieu includes the monarchy.

D. Civil society can protect individual, collective, and economic liberties.

E. The English balance described by Montesquieu includes the House of Lords.

Answer: (B), (C), (D), (E)

Explanation

Civil society is an autonomous sphere distinct from the state where individual, collective, and economic liberties can be protected. Montesquieu’s English model includes monarchy, the House of Lords, and the House of Commons as elements of balanced power.

22. Concerning Montesquieu’s account of the English political system, which statements are accurate?

A. Montesquieu identified the monarchy as one component of the English political balance.

B. The House of Commons forms the only institution responsible for limiting political power.

C. The House of Lords participates in the institutional balance described by Montesquieu.

D. The English system balances the monarchy with two parliamentary institutions.

E. The English arrangement seeks to prevent power from becoming concentrated in one institution.

Answer: (A), (C), (D), (E)

Explanation

Montesquieu described the English system as balancing the monarchy, House of Lords, and House of Commons. This institutional balance limits the concentration of political power.

23. Which statements describe the functions of a modern Constitution?

A. It leaves the exercise of public power outside legal regulation.

B. It determines how political power is exercised.

C. It constrains public authorities in the performance of their functions.

D. It consists of fundamental rules organizing the state.

E. It serves as an ordinary administrative instruction for public officials.

Answer: (B), (C), (D)

Explanation

A modern Constitution consists of fundamental rules organizing the state and determining how political power is exercised. It also constrains public authorities rather than leaving them unlimited.

24. Concerning the constitutional theories associated with Thomas Paine and Sieyès, which statements are accurate?

A. The Constitution precedes constituted government.

B. Constituted government creates the Constitution as its original source.

C. The Constitution organizes the powers of the nation.

D. The nation’s powers remain unrelated to constitutional organization.

E. The Constitution establishes the framework within which constituted powers operate.

Answer: (A), (C), (E)

Explanation

Paine and Sieyès presented the Constitution as preceding constituted government and organizing the nation’s powers. Constituted powers therefore operate within an order established by the Constitution.

25. Regarding political and legal conceptions of the Constitution, select the correct statements:

A. A legal norm reports how an institution functions without prescribing conduct.

B. A legal norm describes political power relations without directing human behavior.

C. Normativism studies the Constitution as a superior set of binding legal norms.

D. Institutionalism treats the Constitution primarily as a hierarchy of binding legal norms.

E. Institutionalism studies institutions and the political balances between them.

Answer: (C), (E)

Explanation

Institutionalism examines institutions and their political balances, whereas normativism treats the Constitution as a superior body of binding legal norms. A legal norm prescribes conduct by stating what must or must not be done; it is not merely an institutional description.

26. Concerning Michel Troper’s distinction between idealist and realist constitutional conceptions:

A. The idealist conception describes political power relations without emphasizing textual authority.

B. The idealist conception presents the Constitution as a solemn binding text.

C. The realist conception focuses on the actual organization of political power.

D. Michel Troper associates the realist conception with a hierarchy of legal norms.

E. The distinction is attributed to Hans Kelsen rather than Michel Troper.

Answer: (B), (C)

Explanation

The idealist conception is associated with a solemn and binding constitutional text, while the realist conception concerns the actual organization of political power. Troper is the scholar identified with this distinction; the normativist conception is associated with Kelsen rather than Troper.

27. Regarding written and unwritten Constitutions, which statements are correct?

A. A written Constitution cannot contain any unwritten constitutional elements.

B. An unwritten Constitution may rely on conventions, jurisprudence, and historical principles.

C. A written Constitution groups constitutional rules in one or more written texts.

D. An unwritten Constitution is a constitutional system without constitutional rules.

E. An unwritten Constitution is defined by the absence of written legal texts.

Answer: (B), (C)

Explanation

A written Constitution gathers constitutional rules in one or more written texts, whereas an unwritten Constitution also relies on conventions, jurisprudence, and historical principles. An unwritten Constitution therefore still contains constitutional rules, and a written Constitution may include unwritten elements.

28. Concerning flexible and rigid Constitutions, select the correct statements:

A. A rigid Constitution requires a special and more demanding amendment procedure.

B. A rigid Constitution can be amended through the ordinary legislative procedure.

C. A flexible Constitution requires a procedure more demanding than ordinary legislation.

D. A flexible Constitution may be amended through a procedure similar to ordinary legislation.

E. A written Constitution is necessarily a rigid Constitution.

Answer: (A), (D)

Explanation

A flexible Constitution can be amended through a procedure similar to ordinary legislation, whereas a rigid Constitution requires a special and more demanding procedure. Rigidity does not necessarily follow from being written, because a written Constitution is not automatically rigid.

29. Which statements correctly describe constitutional classifications and their French application?

A. France’s 1958 Constitution is supplemented by texts and principles forming the bloc de constitutionnalité.

B. The French Constitution of 1958 forms a complete constitutional framework without supplementary principles.

C. The formal approach classifies rules by their adoption, amendment, or repeal procedure.

D. The material approach classifies rules by their content concerning public powers and competences.

E. The material approach identifies constitutional rules solely through their amendment procedure.

Answer: (A), (C), (D)

Explanation

The formal approach identifies constitutional rules by how they are adopted, amended, or repealed. The material approach identifies them by their content concerning public powers and institutional competences, while France’s 1958 Constitution is supplemented by the bloc de constitutionnalité.

30. The general process of constitutional revision includes which correct statement?

A. Constitutional revision generally begins with ratification before any initiative is taken.

B. Constitutional revision generally replaces elaboration with judicial interpretation before adoption.

C. Constitutional revision generally proceeds directly from initiative to ratification without adoption.

D. Constitutional revision generally proceeds from initiative to elaboration and adoption, then ratification.

E. Constitutional revision generally ends with initiative after ratification has occurred.

Answer: (D)

Explanation

The general sequence of constitutional revision consists of initiative, elaboration and adoption, followed by ratification. Reversing these stages or omitting ratification does not reflect the stated process.

31. Under Article 89 of the French Constitution, which statement about revision initiative is correct?

A. The President of the Republic may initiate revision on the Prime Minister’s proposal.

B. Only members of Parliament may initiate a constitutional revision.

C. The President of the Republic initiates revision independently of the Prime Minister.

D. The Prime Minister initiates revision without presidential involvement or parliamentary action.

E. Members of Parliament may initiate a parliamentary constitutional revision proposal.

Answer: (A), (E)

Explanation

Under Article 89, initiative is shared between the President acting on the Prime Minister’s proposal and members of Parliament. The President does not initiate the relevant project independently of the Prime Minister’s proposal.

32. Concerning the ratification of constitutional revisions in France, select the correct statements:

A. Every constitutional revision must be approved by referendum without a congressional alternative.

B. Approval in Congress requires three-fifths of the votes cast.

C. The National Assembly and Senate must adopt identical revision wording before ratification.

D. A constitutional revision is normally ratified through a referendum.

E. An executive-initiated project may be submitted to Parliament sitting in Congress.

Answer: (B), (C), (D), (E)

Explanation

A French constitutional revision normally requires referendum ratification, but an executive-initiated project may be submitted to Parliament sitting in Congress. In that case, approval requires three-fifths of the votes cast, and both chambers must first adopt identical wording.

33. Regarding limits on constitutional revision, which statements are correct?

A. An eternity clause makes ordinary legislation immune from constitutional revision.

B. Article 89 permits revision during a presidential vacancy.

C. Material limits determine which constitutional principles may be revised.

D. Temporal limits determine when constitutional revision may occur.

E. Article 89 suspends revision during a threat to the integrity of the territory.

Answer: (C), (D), (E)

Explanation

Temporal limits concern when revision may occur, while material limits concern which constitutional content may be revised. Article 89 suspends revision during territorial threats, presidential vacancy or definitive incapacity, and Article 16 powers; an eternity clause protects fundamental principles from revision.

34. Concerning the temporal restrictions under Article 89 of the French Constitution, tick the correct statements:

A. Ordinary political periods automatically prohibit constitutional revision.

B. Revision may be suspended when the territory's integrity is threatened.

C. A definitive presidential incapacity can prevent constitutional revision.

D. Revision may continue during Article 16 exceptional powers.

E. A presidential vacancy can prevent constitutional revision.

Answer: (B), (C), (E)

Explanation

Article 89 prohibits initiating or continuing revision during a threat to territorial integrity, presidential vacancy or definitive incapacity, and Article 16 exceptional powers. Ordinary constitutional periods do not activate these prohibitions.

35. The following statements describe eternity clauses and protected constitutional principles:

A. Germany's Article 79(3) protects the federal state from constitutional revision.

B. An eternity clause concerns the timing of revision rather than its content.

C. An eternity clause protects designated fundamental principles from constitutional revision.

D. Germany's Article 79(3) permits revision of the rule of law.

E. Germany's Article 79(3) protects human dignity from constitutional revision.

Answer: (A), (C), (E)

Explanation

An eternity clause is a constitutional provision protecting specified fundamental principles from revision. Article 79(3) of Germany's Basic Law protects human dignity, fundamental rights, federalism, democratic and social state principles, and the rule of law.

36. Which statements accurately compare selected national rules on constitutional revision?

A. Swiss constitutional revision requires approval by the people nationally and by the cantons.

B. United States Article V requires a two-thirds majority in each congressional chamber.

C. United States Article V requires approval by three-quarters of the cantons.

D. Portugal may decide an extraordinary revision by a four-fifths Assembly majority.

E. Portugal generally requires five years after an ordinary revision before another ordinary revision.

Answer: (A), (B), (D), (E)

Explanation

Portugal generally requires a five-year interval after an ordinary revision before another ordinary revision. An extraordinary revision may be decided by a four-fifths majority of the Assembly; Switzerland requires approval by both the people and cantons, while Article V uses different United States thresholds.

37. Concerning the function of constitutional review, which statements are correct?

A. Constitutional review examines whether laws comply with the Constitution.

B. Constitutional review examines conformity with ordinary statutes rather than the Constitution.

C. Ordinary legal application necessarily determines constitutional validity.

D. Constitutional review can lead to conflicting rules being set aside.

E. Constitutional review may concern both laws and regulations.

Answer: (A), (D), (E)

Explanation

Constitutional review tests whether laws and regulations conform to the Constitution and can set aside or sanction conflicting rules. Ordinary legal application does not necessarily determine constitutional validity.

38. Regarding Marbury v. Madison, which statements are accurate?

A. The decision clearly established judicial review of legislation's constitutionality.

B. The United States Supreme Court decided Marbury v. Madison on 24 February 1803.

C. The decision was issued on 24 February 1804.

D. John Marshall is associated with the Marbury v. Madison decision.

E. The case established a specialized European constitutional court.

Answer: (A), (B), (D)

Explanation

The Supreme Court decided Marbury v. Madison on 24 February 1803, clearly establishing its power to review legislation's constitutionality. The decision is attributed to John Marshall, and it was not decided in 1804.

39. Concerning the distinction between American and European constitutional review models, tick the correct statements:

A. The European model concentrates review in a specialized constitutional court.

B. The American model allows any judge to review a rule in a real dispute.

C. The American model operates through abstract review before a law enters into force.

D. The European model is diffuse among all ordinary judges.

E. The American model generally reviews rules after their adoption.

Answer: (A), (B), (E)

Explanation

The American model is diffuse, concrete, subjective, and a posteriori: any judge may review a rule during a real dispute after adoption. The European model is concentrated in a specialized constitutional court and may operate abstractly and before entry into force.

40. Which statements correctly describe the reasoning in Marbury v. Madison?

A. The decision concerned a state constitution rather than a federal statute.

B. The conflicting statutory provision was set aside.

C. The Court upheld the conflicting provision because statutes outrank the Constitution.

D. The statute was found to grant a power absent from the Constitution.

E. The Supreme Court compared a federal statute with the Constitution.

Answer: (B), (D), (E)

Explanation

In Marbury v. Madison, the Supreme Court compared a federal statute with the Constitution and set aside the conflicting provision. The statute granted a power not provided by the Constitution, and the decision is associated with John Marshall.

41. Concerning constitutional supremacy under Article VI of the United States Constitution, which statements are correct?

A. Article VI makes constitutional supremacy dependent on approval by the cantons.

B. The Constitution prevails over an ordinary law that conflicts with it.

C. Federal laws conforming to the Constitution also form part of that supreme law.

D. An ordinary federal law prevails when it conflicts with the Constitution.

E. The Constitution forms part of the supreme law of the land.

Answer: (B), (C), (E)

Explanation

Article VI makes the Constitution and conforming federal laws the supreme law of the land. Consequently, the Constitution prevails when an ordinary law conflicts with it; the rule concerns federal constitutional supremacy, not cantonal approval.

42. A court must apply an enacted statute in a dispute affecting the parties' rights. Which statements characterize American review in this situation?

A. The judge may examine whether the statute conforms to the Constitution.

B. The review occurs in connection with a concrete dispute.

C. The American model assigns constitutional review to a specialized constitutional court.

D. The review takes place after the statute has been adopted.

E. The review can arise from the situation and rights of the litigating parties.

Answer: (A), (B), (D), (E)

Explanation

American constitutional review is diffuse, concrete, subjective, and a posteriori. Any court may review constitutionality in a real dispute involving the parties' situation and rights, after the law has been adopted and when it must be applied.

43. Concerning the development and operation of the American model, which statements are correct?

A. A judge reviews constitutionality when applying a rule in a concrete case.

B. Constitutional justice gained importance after the Second World War.

C. Its importance increased particularly during the 1950s and 1960s.

D. American review occurs before the law has been adopted.

E. The development of democratic constitutional justice involved different models.

Answer: (A), (B), (C), (E)

Explanation

In the American model, a judge examines constitutionality when applying a rule in a concrete case. Constitutional justice later became more important after the Second World War, especially during the 1950s and 1960s, as democratic states developed different models.

44. Regarding the European or Kelsenian model, which propositions are correct?

A. Constitutional review may occur before a law enters into force.

B. Constitutional review is entrusted to a specialized constitutional court.

C. Normativism defines law primarily through judicial practice rather than legal hierarchy.

D. The model is concentrated, abstract, and objective in its structure.

E. Constitutional review is distributed among ordinary courts in the American manner.

Answer: (A), (B), (D)

Explanation

The European model is concentrated in a specialized constitutional court and permits review both before and after a law takes effect. It is abstract and objective, while diffuse review by ordinary courts characterizes the American model; Kelsenian normativism instead describes law as a hierarchy of norms.

45. Which statements accurately describe Hans Kelsen’s contribution to the European constitutional review model?

A. Kelsen’s institutional example was the creation of a specialized constitutional court in Germany.

B. Kelsen regarded the Constitution as a genuine legal norm.

C. Kelsen considered judicial review necessary to protect constitutional norms.

D. Kelsen viewed the Constitution primarily as a political guideline without legal force.

E. Kelsen developed his ideas after the First World War through Austria’s specialized constitutional court.

Answer: (B), (C)

Explanation

For Kelsen, the Constitution is a genuine legal norm, so a judge must be able to review and sanction incompatible norms. Kelsen developed these ideas after the First World War through the Austrian Constitutional Court; the relevant court was created in Austria, not Germany.