PO101 Lecture Notes - Lecture 8: Basic Law For The Federal Republic Of Germany, Legal Positivism, Monism
4 Oct 2020
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Document Summary
The most formal type of institution: legal positivism (monism, secularism) In western modern state, other types of rules (tribal, religious) lack of legitimacy. German grundgesetz: reflect a country"s history and values. Institutions are like the house (framework) constitution is the foundation. Written vs unwritten ( uncodified") - written- american, mexican. Rational legal authority system based on well-stablished laws and procedures. Important documents magna carta (215), british bill of rights (1688), acts of parliament. Common law legal system based on precedent. Are the customers and traditions that guide government and are essential to the functioning of our government. Develop over time and are not outlined in any document o cannot be enforced by courts. Violations are rare (but becoming less rare) Conventions establish the existence and function of the prime minister and cabinet. Different parts of state (horizontal power relations) Different levels of govt (vertical power relations) Relations between different part of state (horizontal power relations)
