System of Constitutional Justice

These flashcards cover key concepts related to systems of constitutional justice, constitutionalism, and judicial review, highlighting definitions, types, and important implications.

System of Constitutional Justice

Institutions and procedures established by a constitution for judicial protection of fundamental rights.

Meta-norms

Hierarchically superior norms that specify the production, application, enforcement, interpretation, and change of other norms.

Constitutionalism

The commitment of a political community to work within constitutional rules, varying by polity and time.

Robust Constitutionalism

A form of constitutionalism that expresses community values and aspirations, legitimizes authority, and helps the polity evolve.

Weak Constitutionalism

A form of constitutionalism that fails to represent collective identity and is vulnerable in times of crisis.

Type 1 Absolutist Constitution

A constitution where rulers are considered 'above the law'; characterized by centralized authority.

Type 2 Legislative Supremacy

A constitution where the legislative body has the ultimate authority, with no special amendment procedures.

Type 3 Higher-Law Constitution

A constitution that includes a rights charter binding on the legislature, with independent judicial enforcement.

New Constitutionalism

A trend towards constitutions that derive authority from written documents, emphasizing public authority that conforms to constitutional law.

Judicial Review

A mechanism for assessing the constitutional legality of norms, either in centralized or decentralized forms.

Constitutional Complaint

An appeal by individuals or ombudsman after exhausting other remedies.

Tushnet Classification

A classification scheme that distinguishes between strong and weak review based on judicial supremacy.

Judicialization

The process by which courts influence grows over legislative and administrative powers.

Effective Review

Judicial influence over constitutional development and public policy through interpretations.

Rights as Meta-norms

Substantive constraints on the exercise of public authority.

Concrete Review

Review triggered by ordinary judges presenting constitutional questions; binds the referring judge.

Abstract Review

Pre-enforcement of statutes without the necessity of litigation, often assessed by minorities or regions.

Commonwealth Model

A legal framework where statutory bills of rights are not implicitly repealable and are interpreted compatibly.

Notwithstanding Clause

A provision allowing a legislature to set aside judicial rulings on rights, exemplified by Canada's legislation.

Constitutional Amendment Process

Procedures by which changes can be made to a constitution, often requiring supermajorities in legislatures.

Separation of Powers

The division of government responsibilities into distinct branches to limit any one branch from exercising the core functions of another.

Checks and Balances

A system that ensures that no one branch of government becomes too powerful by providing each branch with the means to limit the others.

Judicial Activism

A judicial philosophy that advocates for a dynamic interpretation of the law to address social issues.

Judicial Restraint

A philosophy that encourages judges to limit the exercise of their own power by upholding laws unless they clearly violate the Constitution.

Fundamental Rights

Basic rights that are recognized and protected from government infringement, often enshrined in constitutions.

Social Contract Theory

A philosophical concept that individuals consent to surrender some of their freedoms and submit to authority in exchange for protection of their remaining rights.

Legal Pluralism

The existence of multiple legal systems within a single state or jurisdiction, allowing for various sources and forms of law.