Study Notes on Constitutional Amendment Procedures and Judicial Review

Explicit Restraints on Legislative Power

Refers to whether a constitution functions as a 'higher law' binding parliament, distinguishing between constitutions changeable by simple majorities or those requiring supermajorities.

Judicial Review

The power vested in courts or an independent body to interpret the constitution and test the constitutionality of laws enacted by the legislature.

Pure Consensus Model

A political model characterized by rigid constitutions combined with the presence of judicial review.

Pure Majoritarian Model

A political model characterized by flexible constitutions without the presence of judicial review.

Rigid Constitutions

Constitutions that require supermajorities (e.g., greater than two-thirds, or two-thirds) for amendments, making them difficult to change.

Flexible Constitutions

Constitutions that can be amended by regular or ordinary majorities, making them easier to change.

Unwritten Constitutions

Constitutions that are not codified into a single document but are based on a collection of statutes, case law, treaties, and conventions. Examples include the UK, New Zealand, and Israel.

Marbury v. Madison (1803)

The landmark U.S. Supreme Court case that established the principle of judicial review in the United States.

Constitutional Rigidity Measurement Scale

A four-point scale used to measure the levels of constitutional rigidity, ranging from completely flexible to very rigid.

Judicial Review Strength Measurement Scale

A four-point scale used to measure the strength of judicial review, ranging from no review to very strong review.

Judicial Activism

Refers to the vigor and extent to which judicial review is exercised by courts, crucial for evaluating the rule of law.

Referendums in Constitutional Amendments

The frequent utilization of public votes as a requirement in written constitutions for amendments, which can serve either majoritarian or anti-majoritarian functions.

Constitutional Rigidity

Constitutions that require supermajorities for amendments.

Flexible Constitutions

Constitutions that can be amended by regular majorities.

Judicial Review

The power vested in courts to test the constitutionality of laws enacted by the legislature.

Pure Consensus Model

A model featuring rigid constitutions with judicial review.

Pure Majoritarian Model

A model characterized by flexible constitutions without judicial review.

Written Constitutions

Constitutions that are codified in a single official document or set of documents, prevalent in nearly all democracies.

Unwritten Constitutions

Constitutions that are not codified in a single document but are based on conventions, statutes, common law, and political norms (e.g., UK, New Zealand, Israel).

Supermajorities

Amendment procedures requiring a majority greater than two-thirds, or similar heightened thresholds.

Ordinary Majorities (Amendment)

Amendment procedures allowing constitutional changes to be made by regular legislative majorities.

Marbury v. Madison (1803)

The landmark U.S. Supreme Court case that established judicial review in the United States.

Judicial Activism

Refers to the vigor and extent to which judicial review is exercised, crucial for evaluating the rule of law.

Referendums in Constitutions

The frequent utilization of popular votes as a requirement for constitutional amendments, which can serve either majoritarian or anti-majoritarian functions.