POL 2104: Lesson 4 Constitutions & Judiciary

What are the primary functions of constitutions?

Establish state-citizen relations, structure politics, define the roles of government branches, and set boundaries for government action.

What are some reasons for the creation of constitutions?

Regime change, wars, and independence.

What are the key features of constitutions?

Fundamental laws, entrenched status, codification, and allocations of power.

What elements contribute to fair and democratic constitutions?

Rule of law, peaceful transfer of power, separation of powers, government accountability, and relations between citizens and governments.

What is the role of judges in relation to constitutions?

Judges rule on law, maintain security of tenure, and are insulated from politics, with their role defined by the legal system in practice.

What is judicial review?

The process by which courts review legislation and government actions to determine their constitutionality.

What is the Concrete Review Process in constitutional courts?

Ordinary judges send constitutional questions to the constitutional court, which decides if the question is relevant and if the law's constitutionality is in doubt.

What happens to cases in ordinary courts when a constitutional question is raised?

Cases are suspended until the constitutional court makes a decision on the constitutional question.

Can individuals bring cases to constitutional courts?

Yes, individuals can bring constitutional cases to constitutional courts.

What are some criticisms of the judiciary?

Judicial activism, the judicialization of politics, and the importance of judicial restraint.

What distinguishes civil law from common law?

Civil law is based on codified statutes, while common law is based on judicial precedents and case law.

What are the types of constitutions?

Various types exist, including written, unwritten, rigid, and flexible constitutions.

What does it mean for a constitution to be a 'living document'?

It implies that the constitution can evolve and adapt over time through interpretation and amendments.

What is meant by 'entrenched status' in constitutions?

It refers to provisions that are difficult to amend or repeal, ensuring stability and protection of fundamental laws.

What is the significance of the separation of powers in a constitution?

It prevents the concentration of power by dividing government responsibilities among different branches.

What is the purpose of checks and balances in government?

To ensure that no single branch of government becomes too powerful and to maintain accountability.

What is the relationship between sovereignty and constitutions?

Constitutions define the location of sovereignty, determining who holds ultimate authority in governance.

What role do judges play in constitutional decision-making?

Judges interpret laws and make decisions based on constitutional principles, often influencing the application of justice.

What is the impact of judicial justification in constitutional rulings?

Judicial justification provides the reasoning behind court decisions, shaping legal precedents and public understanding.