The Role of Courts in Upholding Constitutions

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Questions and Answers

What is the role of the judiciary in enforcing constitutions?

To review constitutions (correct)

To create constitutions

To amend constitutions

To implement constitutions

What is the main difference between a supreme court and a constitutional court?

Supreme courts issue advisory judgments and constitutional courts do not

Supreme courts are separate from the ordinary judicial system and constitutional courts are not

Supreme courts mainly use concrete review and constitutional courts mainly practise abstract review (correct)

Supreme courts use abstract review and constitutional courts use concrete review

What is the role of courts in enforcing constitutions?

To implement constitutions (correct)

To create constitutions

To ignore constitutions

To amend constitutions

What is the purpose of creating constitutional courts separately from the ordinary judicial system?

To overcome inefficiency, corruption, and opposition of judges from the old order in new democracies Signup and view all the answers

How are new constitutions typically written?

By conventions of politicians, usually working in closed session Signup and view all the answers

Who typically writes new constitutions?

Conventions of politicians usually working in closed session Signup and view all the answers

What are the four elements commonly found in most constitutions?

Broad aspirations, institutional structure of government, bill of rights, and rules on amending the constitution Signup and view all the answers

What is a constitution?

A set of principles and rules outlining the structure and powers of a system of government Signup and view all the answers

Why is a constitution important in a democracy?

It provides predictability and security Signup and view all the answers

When are new constitutions typically written?

After a period of disruption Signup and view all the answers

What is the purpose of a constitution?

To outline the structure and powers of a system of government Signup and view all the answers

What are the two ways in which a constitution can be amended according to the text?

By special majorities within the legislature or by referendum achieving a concurrent majority in most states and in the country as a whole Signup and view all the answers

What is judicial restraint?

Judges should apply the letter of the law and leave politics to elected bodies Signup and view all the answers

What is entrenchment in the context of constitutions?

A term referring to procedures which set a higher level and wider spread of support for amendments than is the case for ordinary legislative bills Signup and view all the answers

What is the advantage of a rigid constitution?

Offers a stable political framework Signup and view all the answers

What are the three models of judicial decision-making?

Legal, attitudinal, and strategic Signup and view all the answers

Where are common law systems found mainly?

Britain and former British colonies Signup and view all the answers

What is Sharia law?

The system of Islamic law based on the Quran and teachings of Muhammad Signup and view all the answers

What is the difference between judicial activism and judicial restraint?

Judicial activism refers to the willingness of judges to venture beyond narrow legal reasoning to influence public policy; judicial restraint means judges should apply the letter of the law, leaving politics to elected bodies. Signup and view all the answers

What is the difference between common law and civil law systems?

Common law systems are found mainly in Britain and former British colonies, while civil law systems are based on written legal codes. Signup and view all the answers

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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"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.