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EXAM 2
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Constitution
A Legal Document that empowers government and protects the rights of people
3 internal division of power
Four Basic Principles of Constitutional Design
Must have “incentive compatibility”
Judicial Review
Ability of the court to decide if a law is constitutional
Judicial Activism
Judges’ willingness to override the legislature by declaring a statute unconstitutional
Judicial Restraint
Judges unwillingness to overturn statues passed by legislature
Originalism / Textualism
Asserts that all statements in the constitution must be interpreted based on the original understanding of the authors or the people at the time it was ratified
Constructivism / Purposivism
is concerned with understanding the purpose or “spirit” of the law. Once the purpose is identified, the text is read accordingly
Unitary System
The central government is sovereign with no legal superior
Confederal System
An alliance exists among independent sovereign governments, which delegate limited authority to a central government of their making.
Federal System
State governments are sovereign in specified matters, and a central (national) government is sovereign in other specified matters.
Other types of “constitutions”
What are elections?
A means of choosing leaders and or policies
Electoral System
Set of rules which determines how people are selected for political office
Party Identification
The Attachment that citizens feel towards a party influence how citizens vote
Supercitizen
“… historical experiences strengthen the belief that a sophisticated, involved, and democratic public is necessary for democracy to succeed.” (Dalton pp. 16-17)
Unsophisticated citizen
“Voters don’t know very much, aren’t aware how little they know; they aren’t particularly proficient at getting what they need and can’t remember the information once they have learned it.” (Oppenheimer and Edwards 2012")
Paradox
How can democracies exist for centuries without good democratic citizens?
Unicameralism
Having one legislative or parliamentary chamber
Cohabitation
Periods in which the President and Prime Minister are from differing and opposing political parties. Originated in France 1980s.
Law
The codification of norms and values in a society
Types of Law (5)
Criminal and Civil
Constitutional / Judicial Review
Power of a court to overrule the actions of the government based on existing constitutional Law.
Courts
Part of a Government responsible for interpreting and adjudicating Laws