Lecture 7 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
Codified constitution
One that is set out in a single, self-contained document
Uncodified constitution
One that is spread among several documents
Bill of rights
A list of the rights of the citizens of a state or a political community, contained within a constitution and designed to restrict the abuse of power by government
Entrenchement
The question of the legal procedures for amending a constitution
Eternity clause
An element of a constitution that is considered inalienable and that cannot be amended or removed
Judicial review
The power of courts to nullify any laws or actions proposed or taken by government officials that contravene the constitution. Also known as constitutional review
Cassation
The power of the highest court in a state to review decisions by lower courts
Institutionalism
An approach to the study of politics and government that focuses on the structure and dynamics of governing institutions
New institutionalism
A revival of institutionalism that goes beyond formal rules and looks at how institutions shape decisions and define interests
Institutionalization
The process by which organizations build history, memory, stability and permanence
Concrete review
Judgements made on the constitutional validity of law, policy or government action in the context of a specific case
Original jurisdiction
The power of a court to review cases that originate with the court itself
Appellate
The power of a court to review decisions reached by lower courts
Abstract review
Advice (not usually binding) given by a court on the constitutionality of a law, policy or action of government
Judicial restraint
The view that judges out of deference to the elected branches of government, should not strike down laws unless they are obviously unconstitutional
Judicial activism
The willingness of judges to venture beyond narrow legal reasoning and potentially to influence public policy
Judicial activism
The willingness of judges to venture beyond narrow legal reasoning and potentially to influence public policy
Judicial independence
The idea that courts should be free from political influence, whether from other parts of government or from actors outside government
Judicial independence
The idea that courts should be free from political influence, whether from other parts of government or from actors outside government
State of emergency
A situation in which a government gives itself additional powers to deal with a natural disaster, civil unrest or armed conflict
Martial law
Law declared by a military government or an occupying military force, during a supposedly temporary suspension of civilian law
Unitary systems
One in which sovereignty rests with the national government, and regional or local units have few independent powers
Federal system
One in which sovereignty is shared between two or more levels of government, each with independent powers and responsibilities. Otherwise known as a federation
Multi-level governance
An administrative system in which power is distributed and shared horizontally and vertically among different levels of government, from the supranational to the local, with considerable interaction among the parts
Systems theory
The study of the arrangement of and the interaction among the elements of a unit (such as a government or a country) as they relate to the whole
Deconcetration
The process by which central government tasks are shifted from offices in the capital to those in the regions or local districts
Delegation
The process by which central government responsibilities are shifted to semi-autonomous bodies accountable to central government
Devolution
The process by which central government transfers some decision-making authority to localized, autonomous structures of governance
Regional government
Middle-level government in unitary states that takes place below the national level and above the local level
Ethnic federalims
A federal system of government based on recognition of autonomy for different ethnic groups
Dual federalism
National and local levels of government have clearly separate sets of responsibilities
Cooperative federalism
The layers are intermingled and it is difficult to see who has ultimate responsibility
Subsidiary
The principle that decisions should be taken at the lowest feasible level
Quasi-federation
A system of administration that is formally unitary but has some of the features of a federation
Local government
The lowest tier of government, taking place at a geographically contained local level, as in a county, town or city
Traditional ruler
One whose office predates the introduction of modern systems of government, as in the case of rules whose powers were replaced by those of colonial administrations in Asia or sub-Saharan Africa
