Practice question · Sort into groups
Sort each constitutional provision by the adjective in "social and democratic state of law" that it serves.
Groups: State of law · Social state · Democratic state
- Rule of legal order
- Popular sovereignty
- Judicial review
- Promoting equality
- Public participation
- Social security
Hints
- One column is about being bound, one about being obliged to act, one about where power comes from.
- Anything requiring the state to create conditions rather than abstain belongs in the middle column.
Show the answer
State of law: Rule of legal order, Judicial review
Social state: Promoting equality, Social security
Democratic state: Public participation, Popular sovereignty
Why
The middle column is what distinguishes the modern formula from the nineteenth-century one. A liberal state of law is satisfied by abstention, do not act without a statute, do not act arbitrarily. The social clause imposes duties to act, which is why its enforcement is so much harder to design.
Practise The State, Legality and Legitimacy
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