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Questions and Answers
Questions and Answers
What is the role of the judiciary in enforcing constitutions?
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?
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?
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?
What is the purpose of creating constitutional courts separately from the ordinary judicial system?
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How are new constitutions typically written?
How are new constitutions typically written?
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Who typically writes new constitutions?
Who typically writes new constitutions?
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What are the four elements commonly found in most constitutions?
What are the four elements commonly found in most constitutions?
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What is a constitution?
What is a constitution?
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Why is a constitution important in a democracy?
Why is a constitution important in a democracy?
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When are new constitutions typically written?
When are new constitutions typically written?
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What is the purpose of a constitution?
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?
What are the two ways in which a constitution can be amended according to the text?
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What is judicial restraint?
What is judicial restraint?
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What is entrenchment in the context of constitutions?
What is entrenchment in the context of constitutions?
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What is the advantage of a rigid constitution?
What is the advantage of a rigid constitution?
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What are the three models of judicial decision-making?
What are the three models of judicial decision-making?
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Where are common law systems found mainly?
Where are common law systems found mainly?
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What is Sharia law?
What is Sharia law?
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What is the difference between judicial activism and judicial restraint?
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?
What is the difference between common law and civil law systems?
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Questions and Answers
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Flashcards
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Study Notes
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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