Constitutional Law and Fundamentals of the Constitutional System
What to master
Know the hierarchy of legal acts: the Constitution at the apex, then constitutional laws, then ordinary laws, then subordinate normative acts (decrees, government decisions, ministerial orders). Understand the fundamentals of the constitutional order: sovereignty of the people, rule of law, separation and balance of powers, recognition of human rights as supreme value, and the territorial integrity of the state.
Learn the organs of state power and their constitutional competences: the legislature, the head of state, the government, and the judiciary, plus the body of constitutional review. Understand how constitutional amendments are adopted, how the constitutionality of laws is reviewed, and what happens when a law is declared unconstitutional (it loses force).
Traps to expect
- Competence mix-ups: which organ declares a state of emergency, which ratifies treaties, which appoints judges. Memorize a short table of organ-to-power.
- Hierarchy questions: a decision of the government cannot override a statute; a ministerial order cannot contradict a government decision.
- Rights limitations: constitutional rights may be limited only by law, only for legitimate aims, and only proportionally. A question offering "limited by government decision" is wrong.
- Amendment procedure: distinguishing ordinary law-making from constitutional amendment thresholds.
Rule of thumb
When two acts conflict, the higher-ranked act prevails; when a right is restricted, ask three questions - was the restriction by law, for a legitimate aim, and proportionate? All three must be satisfied.
Worked example
If a question states that a ministerial order restricts a constitutional right, the correct answer is that it is invalid: rights may be limited only by law, not by a subordinate act. Use the hierarchy plus the three-part limitation test to reach it without memorizing the specific order.