Constitutions and the Judiciary Flashcards
Common Law?
“Make the law.” Builds on customs and traditions, which judges interpret in a way that sets binding precedents for future court cases.
Civil Law
“Administer the law.” Codified, comprehensive text giving a straightforward code with uncodified elements filling gaps.
Uncodified law
Statute law prevails, with unwritten rules like norms and written ones like precedent judicial trials.
What is a constitution?
a set of rules defining the powers of political institutions, regulating their interactions, and setting out the rights of citizens.
What is constitutionalism? What are its origins?
Recognition of fundamental rules that governments accept to abide by. Date backs to patrimonial origins where the broad powers of the Monarch were limited by God, and the law, and other powers such as the nobles and the Church. Later, the liberal thinkers began to emphasize formality and bindings and 18th cent. revolutionaries sharply limited executive powers.
Codified law
Comprehensive code above statue law that evolves with change and amendments.
US Constitution elements
Brief and general, easily reinterpreted and amended.
What do the judiciary do?
Supreme courts review and declare conformity to legislation as part of the construction of law.
