Constitutions and courts Flashcards
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.
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.
Preamble
seeks popular support for the document with a stirring declaration of principles and, sometimes, a definition of the state’s purposes
Organizational section
sets out the powers and structure of government institutions
Bill of rights
covers individual and, often, group rights, including access to legal redress
Procedures for amendment
outlines the procedure for revising the constitution
Codified constitution
one that is set out in a single self-contained document
Uncodified constitution
one that is spread among several documents. (UK, SA)
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
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
judgments made on the constitutional validity of law in the context of a specific case.
Abstract review
advice given by a court on the constitutionality of a law or public policy
