Constitution judiciary power Flashcards
whats a constitution
Its a written document and it limits government
A constitution is a set of fundamental laws and principles that outline how a government operates, defines the rights of citizens, and establishes the structure of the government.
How it works:
- The constitution defines the roles and powers of the government branches (executive, legislative, judicial).
- It protects citizens’ rights and freedoms, ensuring that laws are consistent and fair.
- In some countries, like the United States, the constitution is a written document. In others, like the United Kingdom, it’s based on customs, statutes, and legal precedents.
Example: The U.S. Constitution establishes the structure of the federal government, divides powers between the branches, and includes protections like the Bill of Rights for individual freedoms.
the problem of legitimacy
The Problem of Legitimacy
The problem of legitimacy refers to the challenge of establishing whether a government, authority, or leader has the right to rule and exercise power. Legitimacy is crucial for gaining the support and compliance of citizens, as well as maintaining stability.
How it works:
- Legitimacy can come from different sources, such as elections, tradition, legal frameworks, or popular support.
- When a government or leader lacks legitimacy, it may face challenges to its authority, such as protests, opposition movements, or even civil unrest.
- Loss of legitimacy often occurs when a government is seen as corrupt, undemocratic, or out of touch with the people.
Example: A military coup that removes an elected leader might create a legitimacy problem, as the new rulers would not have the popular mandate of the people, leading to resistance and instability. Similarly, a government that fails to uphold the rule of law or human rights may lose its legitimacy.
needs adaptability
A constitution needs to change or adapt over time to stay relevant. Here are three ways it can do this:
-
Constitutional Amendment
A formal change to the constitution. It allows the government to update the law to fit new needs.
ex In the U.S., the 14th Amendment gave citizenship to all born in the country. -
Constitutional Convention
A meeting where leaders gather to make big changes or write a new constitution.
ex : The Philadelphia Convention in 1787 created the U.S. Constitution. -
Constitutional Interpretation
Courts interpret the constitution to apply it to modern situations and cases.
ex :The Supreme Court ruling on school segregation, which adapted the constitution to support equality.
Constitutional interpretation
Constitutional interpretation is the process by which courts, especially the Supreme Court, explain and apply the constitution to current issues and cases.
Courts look at the language of the constitution, its original intent, and how it applies to modern-day problems.
Judges may interpret the constitution in different ways, which can lead to changes in how laws are applied.
what criteria should be considered to nominate a judge
knowledge
experience
Impartiality \ neutrality
what type of power does judges have
they are the power of appointment like prime minster and cabinets
judiciary power
executive
legislative
judicial