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Related Flashcards
Related Topics
Cards In This Set
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Constitution
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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.
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Rule of law
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The principle that societies are best governed using clear, stable, and just laws to which all residents are equally subject regardless of their status or background.
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Codified constitution
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One that is set out in a single, self-contained document.
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Uncodified constitution
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One that is spread among several documents.
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Judiciary
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A collective term for the judges within the system of courts that interpret and apply the law in keeping with the constitution.
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Judicial review
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The power of courts to nullify any laws or actions proposed or taken by government officials that contravene the constitution. Otherwise known as constitutional review.
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Entrenchment
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The question of the legal procedures for amending a constitution.
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Flexible constitution
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One that can be amended more easily, often in the same way that ordinary legislation is passed.
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Rigid constitution
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One that is entrenched, requiring more demanding amendment procedures.
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Concrete review
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Judgments made on the constitutional validity of law in the context of a specific case. Sometimes known as the American model.
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Abstract review
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Advice (not usually binding) given by a court on the constitutionality of a law or public policy. Sometimes known as the European model.
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Original jurisdiction
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The power of a court to review cases that originate with the court itself.
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Appellate
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The power of a court to review decisions reached by lower courts.
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Judicial restraint
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The view that judges should apply the letter of the law, leaving politics to elected bodies.
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Judicial activism
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The willingness of judges to venture beyond narrow legal reasoning so as to influence public policy.
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