Constitutions, Law & Judiciary

A constitution is a set of rules, written or unwritten, that defines the power, structure, and limits of government, and the rights and duties of citizens.

Establish state powers and institutions Limit government (checks & balances) Protect rights and freedoms Provide political stability and predictability Express national values/ideals

A single, written, authoritative document that is separate from ordinary laws and has higher legal status (e.g., USA). Clear, rigid, and entrenched.

A constitution that is not contained in a single text, but spread across statutes, conventions, traditions, and court judgments (e.g., UK). Flexible, evolutionary, and not entrenched.

The belief that government authority should be limited by a constitution that protects rights and prevents arbitrary rule.

The principle that political power should be divided into three branches—legislative, executive, judicial—to avoid concentration and tyranny.

Mechanisms that allow each branch of government to limit the powers of the others to prevent abuse and ensure accountability.

The principle that everyone is equal before the law, the law is applied fairly, and power is exercised according to established legal rules.

Constitutional law – rules about state structure Statute law – laws passed by legislatures Common law – judge-made case law Civil law – disputes between individuals Criminal law – offences against the state/society Administrative law – regulation of public bodies

The judiciary’s power to review and invalidate government actions or laws that violate the constitution or legal principles.

The idea that judges must be free from political pressure, ensuring impartial and fair decision-making.

Interpret the law Apply the law in cases Protect rights Resolve disputes Check government power through judicial review

When judges actively interpret law and the constitution to promote social change or correct political failures.

A philosophy where judges avoid overturning laws and defer to the elected branches unless clearly necessary.

Final interpreter of the constitution and ultimate authority on constitutional disputes. In some states (e.g., Germany), constitutional courts are separate from supreme courts.

Rigid: Hard to amend, usually codified (e.g., USA). Flexible: Easy to change, usually uncodified (e.g., UK).

Federal: Power shared between central and regional governments (USA, India). Unitary: Power concentrated centrally; subnational authorities exist by permission (UK, France).

Because they: Legitimise the political system Prevent abuse of power Protect rights Provide stability Define national identity

Judges are unelected → democratic deficit Can lead to judicial supremacy Politicises the judiciary Can block elected governments

Fair trials Protection of rights Rule of law Trust in courts Limitation of executive power