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What is the role of the judiciary in enforcing constitutions?
What is the main difference between a supreme court and a constitutional court?
What is the role of courts in enforcing constitutions?
What is the purpose of creating constitutional courts separately from the ordinary judicial system?
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How are new constitutions typically written?
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Who typically writes new constitutions?
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What are the four elements commonly found in most constitutions?
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What is a constitution?
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Why is a constitution important in a democracy?
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When are new constitutions typically written?
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What is the purpose of a constitution?
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What are the two ways in which a constitution can be amended according to the text?
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What is judicial restraint?
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What is entrenchment in the context of constitutions?
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What is the advantage of a rigid constitution?
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What are the three models of judicial decision-making?
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Where are common law systems found mainly?
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What is Sharia law?
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What is the difference between judicial activism and judicial restraint?
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What is the difference between common law and civil law systems?
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Study Notes
Constitutions and Courts: Understanding the Power Map of Government
- A constitution outlines the structure and powers of a system of government, describing its institutions and the manner in which they work and relate to one another.
- Constitutions offer benchmarks against which the performance of government can be measured.
- The rule of law implies that laws are general, public, prospective, clear, consistent, practical, and stable.
- Most constitutions include four elements: broad aspirations, institutional structure of government, bill of rights, and rules on amending the constitution.
- No constitution is wholly unwritten, even the ‘unwritten’ British and New Zealand constitutions contain much relevant statute and common law.
- Most constitutions are codified, set out in detail within a single document.
- The preamble seeks popular support for the document with a stirring declaration of principles and, sometimes, a definition of the state’s purposes.
- The organizational section sets out the powers and structure of government institutions.
- The bill of rights covers individual and often group rights, including access to legal redress.
- Procedures for amendment outlines the procedure for revising the constitution.
- New constitutions are typically written by conventions of politicians, usually working in closed session.
- The voice of ‘the people’ is directly heard only if a state holds a referendum to ratify the new constitution.
Constitutions and Courts: Understanding the Power Map of Government
- A constitution outlines the structure and powers of a system of government, describing its institutions and the manner in which they work and relate to one another.
- Constitutions offer benchmarks against which the performance of government can be measured.
- The rule of law implies that laws are general, public, prospective, clear, consistent, practical, and stable.
- Most constitutions include four elements: broad aspirations, institutional structure of government, bill of rights, and rules on amending the constitution.
- No constitution is wholly unwritten, even the ‘unwritten’ British and New Zealand constitutions contain much relevant statute and common law.
- Most constitutions are codified, set out in detail within a single document.
- The preamble seeks popular support for the document with a stirring declaration of principles and, sometimes, a definition of the state’s purposes.
- The organizational section sets out the powers and structure of government institutions.
- The bill of rights covers individual and often group rights, including access to legal redress.
- Procedures for amendment outlines the procedure for revising the constitution.
- New constitutions are typically written by conventions of politicians, usually working in closed session.
- The voice of ‘the people’ is directly heard only if a state holds a referendum to ratify the new constitution.
Judicial Systems and Models of Decision-Making
- Judicial activism has grown in the liberal democratic world since 1945, with judges becoming more willing to enter political arenas.
- Judicial restraint means judges should apply the letter of the law, leaving politics to elected bodies.
- Judicial activism refers to the willingness of judges to venture beyond narrow legal reasoning to influence public policy.
- Three models of judicial decision-making include legal, attitudinal, and strategic.
- Common law systems are found mainly in Britain and former British colonies, with judges forming an independent source of authority contributing to political pluralism.
- Civil law systems are based on written legal codes, found throughout Latin America, continental Europe, China, Russia, and most African countries.
- Judges in civil law systems are viewed as impartial officers of state engaged in an administrative task rather than independent authorities.
- Sharia law is the system of Islamic law based on the Quran and teachings of Muhammad, functioning alongside Western law in most Islamic states.
- Different legal systems are related to religion, such as Islam, Judaism, Hinduism, Buddhism, and the Catholic Church, with their own distinctive bodies of law.
- The strategic model regards judges as sensitive to the likely reactions of other political actors and institutions to their pronouncements.
- The US Supreme Court is an example of the attitudinal model, with justices classified as consistently liberal or conservative.
- The German constitutional court is an example of the strategic model, concerned with sustaining democracy by defending the autonomy of the country's legislature.
Judicial Systems and Models of Decision-Making
- Judicial activism has grown in the liberal democratic world since 1945, with judges becoming more willing to enter political arenas.
- Judicial restraint means judges should apply the letter of the law, leaving politics to elected bodies.
- Judicial activism refers to the willingness of judges to venture beyond narrow legal reasoning to influence public policy.
- Three models of judicial decision-making include legal, attitudinal, and strategic.
- Common law systems are found mainly in Britain and former British colonies, with judges forming an independent source of authority contributing to political pluralism.
- Civil law systems are based on written legal codes, found throughout Latin America, continental Europe, China, Russia, and most African countries.
- Judges in civil law systems are viewed as impartial officers of state engaged in an administrative task rather than independent authorities.
- Sharia law is the system of Islamic law based on the Quran and teachings of Muhammad, functioning alongside Western law in most Islamic states.
- Different legal systems are related to religion, such as Islam, Judaism, Hinduism, Buddhism, and the Catholic Church, with their own distinctive bodies of law.
- The strategic model regards judges as sensitive to the likely reactions of other political actors and institutions to their pronouncements.
- The US Supreme Court is an example of the attitudinal model, with justices classified as consistently liberal or conservative.
- The German constitutional court is an example of the strategic model, concerned with sustaining democracy by defending the autonomy of the country's legislature.
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Description
"Test Your Knowledge on the Crucial Role of Courts in Upholding Constitutions" - Take this quiz to deepen your understanding of the vital role played by courts in safeguarding the provisions of constitutions. From the power of judicial review to striking down offending laws, explore the unique position and authority held by judges in upholding the principles of democracy and justice. This quiz is perfect for anyone interested in law, politics, or constitutional rights.