Laws, Constitutions, and Federalism Flashcards
What is a major feature of the modern State
“Law-boundedness:
- some level of order is important
Define Legal Positivism
Western conception that the law is what the state says it is
define Secularism
state takes legislative precedence over religious authority
What is the Rule Of Law
everyone in a society is expected to obey the law and is considered equal before it (including the leader)
what is the purpose of law
determines criminal behavior, punishment of criminals, provides rules for judging disputes
Define Law as a Check on power
Legal system can restrain abuse of power by the executive
what are the uses of Constitutions
- denotes overall structure of states political system
- outlines basic institutions of the state, procedure of changing them, and basic rights and obligations of citizens
What is Constitutionalism
- spirit of the constitution of a country
or - view of that the constitution is most fundamental principle of political life
define Federalism
dividing power between different authorities that have their own particular responsibilities
define two key federal institutions
- two-chamber parliament or legislative body (representatives of the provinces or state)
- Constitutional Court (rules on constitutionality of legislation)