Comparative Government and Politics - Constitution and Courts Flashcards

1
Q

what is a constitution

A

a document or a set of documents that outlines the powers, institutions, and structure of government, as well as expressing the rights of citizens and the limits on government

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2
Q

what is the rule of law

A

the principle that societies are best governed using clear, stable and just laws to which all residents are equally subject regardless of their status or background

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3
Q

what is a codified constitution

A

one that is set out in a single self-contained document

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4
Q

what is an uncodified constitution?

A

one that is spread among several documents

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5
Q

what is the purpose of the preamble

A

it seeks popular support for the document with a stirring declaration of principles, and, sometimes, a definition of the state’s purposes

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6
Q

what is the purpose of an organisational section

A

it sets out the powers and structures of government institutions

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7
Q

what is the purpose of a bill of rights

A

it covers individual and, often, group rights, including access to legal redress

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8
Q

what is the purpose of procedures for amendment

A

outlines the procedure for revising the constitution

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9
Q

What is an example of a regime change

A

break up in the 1990s of the Soviet Union, Yugoslavia and Czechoslovakia and of Sudan in 2011

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10
Q

what is an example of wholesale political change

A

Bolivia (2009), Kenya (2010), Zimbabwe (2013) and Tunisia (2014)

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11
Q

what is the oldest constitution in use

A

technically Britain (1215)
oldest codified constitution is the US (1789)

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12
Q

what is the newest constitution

A

Thailand (2017)

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13
Q

shortest constitutions?

A

Iceland, Laos, Latvia, Japan (each 4,000-5,000 words)

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14
Q

what is the longest constitution

A

India - 146,000 words

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15
Q

what is the judiciary

A

a collective term for the judges within the system of courts that interpret and apply the law in keeping with the constitution

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16
Q

what is judicial review

A

the power of courts to nullify any laws or actions proposed or taken by government officials that contravene the constitution. Otherwise known as constitutional review

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17
Q

what is entrenchment

A

the question of the legal procedures for amending a constitution

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18
Q

what is a flexible constitution

A

one that can be amended more easily, often in the same way that ordinary legislation is passed

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19
Q

what is a rigid constitution

A

one that is entrenched, requiring more demanding amendment procedures

20
Q

what is a concrete review

A

judgements based on the constitutional validity of the law in a specific case. Sometimes known as the American model

21
Q

what is abstract review

A

advice (not usually binding) given by a court on the constitutionality of a law or public policy. Sometimes known as the European Model

22
Q

What is an original jurisdiction

A

the power of a court to review cases that originate with the court itself

23
Q

what is an appellate

A

the power of a court to review decisions reached by lower courts

24
Q

what is judicial restraint

A

the view that judges should apply the letter of the law, leaving politics to elected bodies

25
what is judicial activism
the willingness of judges to venture beyond narrow legal reasoning so as to influence public policy
26
what is common law
judicial rulings on matters, not explicitly treated in legislation, based on precedents created by decisions in specific cases
27
what is statute law
laws enacted by a legislature
28
what is civil law
judicial rulings founded on written legal codes which seek to provide a single overarching framework for the conduct of public affairs
29
what is sharia law
the system of Islamic law - based on the Quran and on the teachings and actions of Mohammed - which functions alongside Western law in most Islamic states
30
What is a system of government without a constitution
an unorganised collection of habits that can be changed at the whim of the leaders of the people
31
how many countries have adopted new constitutions have between 1990 and 2014
105 countries
32
what did Hayek say about constitutions
that they are nothing but a device for limiting the power of government, whether elected or unelected
33
what is the average length of a constitution
29,000 words
34
what is the form of review used by a supreme court
primarily concrete
35
what is the form of review used by a constitutional court
primarily abstract
36
what is the relationship between the supreme court to other courts?
it is the highest court of appeal
37
what is the relationship between constitutional courts and other courts?
it is a separate body dealing with constitutional issues only
38
how does recruitment of the supreme court work
candidates require legal expertise plus political approval
39
how does recruitment to a constitutional court work
political approval is incredibly important
40
what is the tenure of a member of the supreme court
until retirement age (life tenure)
41
what is the tenure of a member of a constitutional court
it is typically one non-renewable term (6-9 years)
42
how does South Africa score on the democracy index rating
it is a flawed democracy
43
how does South Africa score on the democracy index rating
it is a flawed democracy
44
what is the first reason for the increasing use of judicial activism
the increasing reliance on regulation as a mode of governance encourages court intervention. A government decision to oppose same-sex marriage, for example, is open to judicial challenge in a way that a decision to go to war or raise taxes is not
45
what is the second reason for the increasing use of judicial activism?
International conventions give judges an extra lever to move outside the limits of national law. Documents such as the UDHR and the ECHR provide a base for judges to construct what would once have been viewed as excessively political statements. The emergence of international courts such as the ICC (2002) has also encouraged national courts to become more assertive
46
what is the third reason for the increasing use of judicial activism?
the continuing prestige of the judiciary has encouraged some transfer of authority to its domain. The judicial process in most democracies has retained at least some reputation for integrity and impartiality, whereas the standing of many other institutions - notably political parties - has declined.