How written and unwritten constitutions differ and the role of judicial review across different government systems.
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- What is a written constitution?
- A codified, formal fundamental law established at a specific moment and recorded in a single authoritative document.
- What is an unwritten constitution?
- A body of fundamental law based on statutes, court decisions, customs, and constitutional conventions rather than a single codified document.
- Give an example of a written constitution.
- United States Constitution (1787), French Constitution, German Constitution (Basic Law).
- Give an example of an unwritten constitution.
- United Kingdom, Canada (prior to 1982), Israel.
- What does entrenchment mean in constitutional law?
- Special legal procedures required to amend certain constitutional provisions, making them more difficult to change than ordinary laws.
- Define judicial review.
- The power of courts to assess the constitutionality of laws, executive actions, and government decisions, and to strike down those found unconstitutional.
- Which case established judicial review in the United States?
- Marbury v. Madison (1803), in which Chief Justice John Marshall asserted the Supreme Court's power to review laws.
- What is a constitutional court?
- A specialized court established specifically to review constitutional matters and the constitutionality of laws.
- What is diffuse judicial review?
- A system in which any court has the power to review the constitutionality of laws in cases before it.
- What is concentrated judicial review?
- A system in which only a specialized constitutional court has the power to review the constitutionality of laws.
- Which country uses concentrated judicial review?
- Germany (Federal Constitutional Court), France (Constitutional Council), Spain, and Italy.
- Which country uses diffuse judicial review?
- United States, Canada, Australia.
- What is abstract judicial review?
- Judicial review of a law's constitutionality before it is applied or without a concrete case or dispute.
- What is concrete judicial review?
- Judicial review triggered by an actual legal dispute or case brought before the courts.
- Define parliamentary sovereignty.
- The principle that the parliament or legislature is the supreme authority in the political system and cannot be limited by other branches.
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