Comparative Government and Politics - Constitution and Courts Flashcards
what is a constitution
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
what is the rule of law
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
what is a codified constitution
one that is set out in a single self-contained document
what is an uncodified constitution?
one that is spread among several documents
what is the purpose of the preamble
it seeks popular support for the document with a stirring declaration of principles, and, sometimes, a definition of the state’s purposes
what is the purpose of an organisational section
it sets out the powers and structures of government institutions
what is the purpose of a bill of rights
it covers individual and, often, group rights, including access to legal redress
what is the purpose of procedures for amendment
outlines the procedure for revising the constitution
What is an example of a regime change
break up in the 1990s of the Soviet Union, Yugoslavia and Czechoslovakia and of Sudan in 2011
what is an example of wholesale political change
Bolivia (2009), Kenya (2010), Zimbabwe (2013) and Tunisia (2014)
what is the oldest constitution in use
technically Britain (1215)
oldest codified constitution is the US (1789)
what is the newest constitution
Thailand (2017)
shortest constitutions?
Iceland, Laos, Latvia, Japan (each 4,000-5,000 words)
what is the longest constitution
India - 146,000 words
what is the judiciary
a collective term for the judges within the system of courts that interpret and apply the law in keeping with the constitution
what is judicial review
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
what is entrenchment
the question of the legal procedures for amending a constitution
what is a flexible constitution
one that can be amended more easily, often in the same way that ordinary legislation is passed
what is a rigid constitution
one that is entrenched, requiring more demanding amendment procedures
what is a concrete review
judgements based on the constitutional validity of the law in a specific case. Sometimes known as the American model
what is abstract review
advice (not usually binding) given by a court on the constitutionality of a law or public policy. Sometimes known as the European Model
What is an original jurisdiction
the power of a court to review cases that originate with the court itself
what is an appellate
the power of a court to review decisions reached by lower courts
what is judicial restraint
the view that judges should apply the letter of the law, leaving politics to elected bodies
what is judicial activism
the willingness of judges to venture beyond narrow legal reasoning so as to influence public policy
what is common law
judicial rulings on matters, not explicitly treated in legislation, based on precedents created by decisions in specific cases
what is statute law
laws enacted by a legislature
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
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
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
how many countries have adopted new constitutions have between 1990 and 2014
105 countries
what did Hayek say about constitutions
that they are nothing but a device for limiting the power of government, whether elected or unelected
what is the average length of a constitution
29,000 words
what is the form of review used by a supreme court
primarily concrete
what is the form of review used by a constitutional court
primarily abstract
what is the relationship between the supreme court to other courts?
it is the highest court of appeal
what is the relationship between constitutional courts and other courts?
it is a separate body dealing with constitutional issues only
how does recruitment of the supreme court work
candidates require legal expertise plus political approval
how does recruitment to a constitutional court work
political approval is incredibly important
what is the tenure of a member of the supreme court
until retirement age (life tenure)
what is the tenure of a member of a constitutional court
it is typically one non-renewable term (6-9 years)
how does South Africa score on the democracy index rating
it is a flawed democracy
how does South Africa score on the democracy index rating
it is a flawed democracy
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
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
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.
