judiciary & judicial power Flashcards
why is it important to study Judiciary? (3)
- their disability/ ability to overturn decisions of politicians
- judicial activism
- courts and hybrid regimes.
what is an example case of judicial activism?
roe vs wade case
what is a constitution?
a body of norms that specify how legal rules are produced, applied, enforced, and interpreted
constitutional rule (rule of law)
commitment to accept the legitimacy and obey the rules of the constitution.
uncodified constitution
multiple documents - uk israel
parts of codified constitutions
- preamble
- organizational section
- bill of rights
- procedures of amendment
preamble
short text about what the constitution sets out to achieve
organizational section
specifies powers of the institutions of government
bill of rights
individual rights that a citizen has vis-a-vis the state. also includes group rights like education in their mother tongue for minorities, and to have a standard of living
procedures of ammendment
rigid or flexible
what is judicial review?
the power of the courts to nullify laws and actions taken by the government that contradict the constitution.
which countries have ordinary judicial review?
usa and caribbean countries
qualities of an ordinary judicial review
- decentralized
- supreme court - general jurisdiction
- concrete review (local cases)
which countries have special judicial review
european and african’s
qualities of a specialized judicial review?
- centralized
- constitutional court - special jurisdiction
- abstract review (activated by politicians)
