Constitutional Law and the Structure of the State
Constitutional Law and the Structure of the State
This domain tests the 1987 Constitution as amended: popular sovereignty, separation of powers, limits on basic rights, constitutional amendment, impeachment, and the Constitutional Court. Questions often turn on exact voting thresholds, not general principles.
Core rules
- Sovereignty resides in the people (Art. 1); the National Assembly exercises legislative power (Art. 40).
- Quorum under Art. 49: a majority of total members (150 of 300) must be present, and a majority of those present must consent unless the Constitution sets a higher bar.
- Amendment (Arts. 128–130): proposed by the President or by a majority of Assembly members; the Assembly decides by two-thirds of total members (200); a referendum then requires a majority of votes cast with turnout of more than 50% of eligible voters.
- Impeachment (Art. 65): proposal by one-third of total members (100), or a majority (150) for the President; passage by a majority of total members (150), or two-thirds (200) for the President.
- Constitutional Court (Art. 111): nine justices, six-year terms; three selected by the National Assembly, three nominated by the Chief Justice, three appointed by the President.
Worked example
A presidential impeachment motion is voted on with 300 members seated: 190 yes, 80 no, 30 abstentions. The motion fails. Although 190 is a majority of members present, Art. 65 requires two-thirds of the total membership for a President-200 votes. Abstentions count as not consenting.
Traps
Do not substitute 'members present' for 'total members' in impeachment or amendment votes. Do not confuse the proposal threshold with the passage threshold. A referendum is not decided by the Assembly alone.