LAW 103 CONSTITUTIONAL LAW
Discussion Session I
Nov 11, 2024
Questions I and II were taken from the midterm exam dated October 31, 2022.
QUESTION I
Canadian Constitution Act, 1867, art. 96: “The Governor General shall appoint the Judges of
the Superior, District, and County Courts in each Province, except those of the Courts of Probate
in Nova Scotia and New Brunswick.”
Côte d'Ivoire's Constitution of 2016, art. 2: “The human person is sacred. The rights of the
human person are inviolable. Everyone has the right to respect for human dignity and to
recognition as a person before the law.”
UK Human Rights Act, section 11: “A person’s reliance on a Convention right does not
restrict— (a) any other right or freedom conferred on him by or under any law having effect in
any part of the United Kingdom; or (b) his right to make any claim or bring any proceedings which
he could make or bring apart from sections 7 to 9.”
Please evaluate the aforementioned articles in the contexts of “constitution in a formal
sense” and “constitution in a material sense”.
QUESTION II
After gaining independence from the State of X, inhabitants of the Y Island, which is in
the middle of the Pacific Ocean, decided to make a new constitution. First, representatives
were chosen directly by the people from all over the island and the representatives
prepared a constitution. Then, a referendum was held and %90 of the total voters voted
affirmative for the new constitution. According to article 110 of the new Constitution, the
republican form of government shall not be the object of any amendment, and
amendment of other articles in the Constitution is not permitted before the lapse of five
years after the date on which the new Constitution entered into force.
According to article 5 of the new Constitution, deputies are bound by orders and
directives of the electors and only serve as the representatives of the electors living in the
district they have been elected from. In article 92 of the Constitution, which is relating to
the distribution of powers between the central government and the local authorities, the
powers of the local authorities are enumerated. In this regard, the administration of
justice in the provinces, maintenance, and organization of provincial courts, both of civil
and criminal jurisdiction, and including procedure in civil matters in those courts are
subjects of exclusive local legislation among other powers.
1. Please evaluate the constitution-making process in Island Y. Which type of
constituting power do we observe here?
2. What kind of limits do we observe on partial constitutional amendments? Please
evaluate article 110 of the Constitution in this context.
3. Considering article 5 of the new Constitution, which type of sovereignty is
adopted in Island Y? Why?
4. Please evaluate the state structure adopted in Island Y.
QUESTION III
Hogwarts is a wizarding school not within the borders of any state, with its own 200
hectares of land and a coast on the Baltic Sea. While wizards were living with Muggles
(non-wizards) in many parts of the world, they were called to Hogwarts by letters
brought by owls. The wizards, who faced many problems during their stay at Hogwarts,
overcame these problems together. Then, they wanted to make Hogwarts a state where
there is no Muggle and only wizards could live. The representatives who will constitute
the legislative body of the Hogwarts State to be established within this framework will
not only serve as the representatives of the wizards living in the region they have been
elected and voting for them, but also of all Hogwarts wizards.
1. Could Hogwarts be a state? Explain by considering the necessary elements of the
state.
2. Do Muggles in various parts of the world form a state? Please explain.
3. Explain the concept of sovereignty that will be adopted in the Hogwarts State,
assuming that the state will be established.
4. Would your answer to the 3rd question change under the assumption that Albus
Dumbledore was accepted as the head of state at Hogwarts, without relying on
elections and considering that he was chosen by God? Please explain.