CH 7 Flashcards
constitution
A document or a set of documents that outlines the power, institutions, and structure of government, as well as expressing the rights of citizens and the limits on government
rule of law
the principle that societies are best governed using clear, stable. an just laws to which all residents are equally subject regardless of their status or background
codified institution
one that is set out in a single self-contained document
uncodified institution
one that is spread among several documents
judiciary
a collective term for the judges within the system of courts that interpret and apply the law in keeping with the constitution
judicial review
the power of courts to nullify any laws or actions proposed or taken by government officials that contravene the constitution. otherwise know as constitutional review.
entrenchment
the question of the legal procedures for amending a constitution
flexible constitution
one that can be amended more easily, often in the same way that ordinary legislation is passed.
rigid constitution
one that is entrenched, requiring more demanding amendment procedures
concrete review
judgements made on the constitutional validity of law in the context of a specific case. sometimes known as the american model.
abstract view
advice (not usually binding) given by a court on the constitutionality of a law or public policy. sometimes known as the European model
original jurisdiction
the power of a court to review cases that originate with the court itself
appellate
the power of a court to review decision reached by lower courts.
judicial restraint
the view that judges should apply the letter of the law, leaving politics to elected bodies
judicial activism
the willingness of judges to venture beyond narrow legal reasoning so as to influence public policy.
