L4: Limits of Government: Constitutions, Bills of Rights, and Accountability Flashcards
what does separation of powers do
prevents freedom by placing power in one persons hand
what perspective contrasts separation of powers and explain it
Hobbesian perspectives that advocate a single sovereign power
Colomer distinguishes between two types of rules in constitutions:
o Rules regulating ‘the allocation of functions, powers and duties’; and,
o Rules ‘to define the relationship between [the state] and the public’
what do colomers two types of rules of constitutions relate to in terms of liberal democratic issues
o Separation of powers
o Democratic accountability
in relation to separation of power, what are the three types of government and their functions
Legislative
Makes laws
Executive
Implements laws
Judiciary
Scrutinizes laws
what is separation of power designed to do (accountabliity)
prevent autocracy emerging and to provide ‘checks and balances’ to the exercise of power
what are the two reasons why trumps muslin ban executive order get ruled against
o Embodied effective religious discrimination
o Contravened ‘due process of law’ for those who had valid visas
what are constitutions subject to
interpretations
why is it risking to take na order to the supreme court
isk of taking a case to Supreme court is that its ruling is final and binding, barring any change to constitution
what are supreme courts characterised as: two types of people
o Originalism: judicial doctrine that the role of the courts is to ascertain the original intentions of the constitution and to decide accordingly
o Pragmatism: alternative doctrine that rejects originalism and emphasises the living element of the constitution
explain the Originalist dilemma
• how, and how far, are future generations bound by the social contract embodied in an existing constitution?
what can constitutions be classed as (example aus. vs us)
aspirational, functional
