Constitutions, Laws and the Judiciary

Flashcards about Constitutions, Laws, and the Judiciary

Constitution

The linchpin of liberal democracy. Can be full of inaccuracies, distortions, and omissions.

Constitutions

Lay down rules for the political system; Bring predictability, stability and order to government;Establish the duties, powers and functions of the various institutions of government; Regulate the relationships between them; Define the relationship between the state and the individual.

Codified Constitution

A single authoritative document in which key constitutional provisions are collected together in a single legal document, popularly known as a ‘written constitution’ or ‘the constitution.’

Uncodified Constitution

A constitution that is made up of rules drawn from a variety of sources, in the absence of a single authoritative document.

Common Law

Law based on custom and precedent; law that is supposedly ‘common’ to all.

Statute Law

Law that is enacted by the legislature.

Treaty

A formal agreement between two or more states, on matters of peace, trade or some other aspect of international relations.

Limited Government

Government operating within constraints, usually imposed by law, a constitution or institutional checks and balances.

Negative Rights

Rights that mark out a realm of unconstrained action, and thus check the responsibilities of government.

Positive Rights

Rights that make demands of government in terms of the provision of resources and support, and thus extend its responsibilities.

State of Emergency

A declaration by government through which it assumes special powers, supposedly to allow it to deal with an unusual threat.

Constitutionalism

The practice of limited government ensured by the existence of a constitution.