Civil liberties – fundamental individual rights and freedoms that ought to be protected from interference by the state
Codified constitution – a single document that sets out the laws, rules and principles on how a state is to be governed, and the rights of citizens. The key provision governing the political system are collected in one authoritative document, often called ‘the Constitution’
Constitution – the set of laws, rules and practices that create the basic institutions of the state and its component and related parts, and stipulate the powers of those institutions and those relationships between the different institutions, and between those institutions and the individual
Constitutionalism- the theory and practice of government according to the rules and principles of a constitution. A constitutional democracy is one which operates within a framework of a constitution that sets limits on powers of government institutions and provides protection for the rights of citizens. A government or public authoritative acts in an unconstitutional manner when its actions are not in accord with the principles and practices set out in the constitution
Conventions- established norms of political behaviour rooted in past experience rather than in the law
Elective dictatorship – the excessive concentration of power in the executive branch. It implies that the only check on the power of government is the need to hold (and win) general elections at regular intervals. Beyond this, the government is regarded as free to do as it wishes because the constitution concentrates power in the executive branch and does not provide effective checks and balances
Entrenched- secured, difficult to change
Executive – the branch of government responsible for the implementation of policy
Federal constitution – divides sovereignty between (normally) two ties of government. Power is shared between national government (the federal government) and regional government (the states). Regional government is protected by the constitution: it cannot be abolished or reformed significantly against its will.
Flexible constitution is one that can be modified, altered, re-written, and/or deleted based on whatever criteria is determined to make those decisions. They would also be considered the foundation or core of the country, however, as the people change, the constitution has the ability to change with them for good or ill.
Fundamental law –law derived from decisions in court cases and from general customs
Fusion of powers – the intermingling of personnel in the executive and legislative branches found in parliamentary systems
Judicial independence - the idea that the judiciary needs to be kept away from the other branches of government. That is, courts should not be subject to improper influence from the other branches of government, or from private or partisan interests. Most constitutional theories require that the judiciary is separate from and independent of the government, in order to ensure the rule of law - that is, to ensure that the law is enforced impartially and consistently no matter who is in power, and without undue influence from any other source
Judicial review – the power of senior judges to review the actions of government and public authorities, declaring them unlawful if they have exceeded their authority
Judiciary – the branch of government responsible for interpreting the law and deciding upon legal disputes
Legislature – the branch of government responsible for making law
Limited government – a system in which the powers of government are subject to legal constraints, and checks and balances within the political system
Fusion of powers – the intermingling of personnel in the executive and legislative branches found in parliamentary systems
Judicial independence - the idea that the judiciary needs to be kept away from the other branches of government. That is, courts should not be subject to improper influence from the other branches of government, or from private or partisan interests. Most constitutional theories require that the judiciary is separate from and independent of the government, in order to ensure the rule of law - that is, to ensure that the law is enforced impartially and consistently no matter who is in power, and without undue influence from any other source
Judicial review – the power of senior judges to review the actions of government and public authorities, declaring them unlawful if they have exceeded their authority
Judiciary – the branch of government responsible for interpreting the law and deciding upon legal disputes
Legislature – the branch of government responsible for making law
Limited government – a system in which the powers of government are subject to legal constraints, and checks and balances within the political system
Parliamentary review – the doctrine that parliament has absolute legal authority within the state. It enjoys legislative supremacy: parliament may make law on any matter it chooses, its decisions may not be overturned by any higher successors. Parliamentary sovereignty is a legal theory concerning the location of law-making authority. EU membership, devolution, the judicial review of legislation and the use of referendums raise questions about how meaningful it is. There is also a gap between legal theory and political reality, for no institution has absolute power to do as it wishes
Quasi-federalism – occurs when the central government of a unitary state devolves some of its powers to subnational government. It exhibits some of the features of a unitary state and some of a federal state. In legal theory there is one supreme legal authority located at the centre, as in a unitary state. But in practice the centre no longer makes domestic policy for some parts of the state and it would be difficult politically for the centre to abolish the subnational tier of government. Different policy frameworks operate within the state. Senior judges rule on question concerning the division of competences.
Quasi-federalism – occurs when the central government of a unitary state devolves some of its powers to subnational government. It exhibits some of the features of a unitary state and some of a federal state. In legal theory there is one supreme legal authority located at the centre, as in a unitary state. But in practice the centre no longer makes domestic policy for some parts of the state and it would be difficult politically for the centre to abolish the subnational tier of government. Different policy frameworks operate within the state. Senior judges rule on question concerning the division of competences.
Rigid constitution - at least some part of the constitution cannot be modified by the same procedures used to enact statutory law.
Separation of powers – the principle that the legislative, executive and judicial branches of government should be independent of each other. They should have different functions and distinctive memberships which should not overlap.
Statue law – law derived from Acts of Parliament and subordinate legislation
Uncodified constitution – is one in which the laws, rules and principles specifying how a state is to be governed are not gathered in a single document. Instead they are found in a variety of sources, some written (e.g. statue laws) and some unwritten (e.g. conventions). The distinction between codified and uncodified constitutions is significant, but it should be remembered that no constitution is either entirely written or unwritten, and that codified constitutions often have some flexibility
Unitary constitution – one in which sovereignty is located at the centre. Central government has supremacy over other ties of government, which it can reform or abolish. A unitary state is a centralized and homogenous state: political power is concentrated in central government and all parts of the state are governed in the same way
Statue law – law derived from Acts of Parliament and subordinate legislation
Uncodified constitution – is one in which the laws, rules and principles specifying how a state is to be governed are not gathered in a single document. Instead they are found in a variety of sources, some written (e.g. statue laws) and some unwritten (e.g. conventions). The distinction between codified and uncodified constitutions is significant, but it should be remembered that no constitution is either entirely written or unwritten, and that codified constitutions often have some flexibility
Unitary constitution – one in which sovereignty is located at the centre. Central government has supremacy over other ties of government, which it can reform or abolish. A unitary state is a centralized and homogenous state: political power is concentrated in central government and all parts of the state are governed in the same way
