APComp: Unit 2, Political Institutions - Judicial Systems, Judicial Review, Constitutional Courts, Rule of Law

What This Means

Judicial systems play a crucial role in ensuring that governments respect the rule of law and protect citizens' rights. A Constitutional Court is a special court that interprets a country's constitution and ensures that laws passed by the government do not contradict it. This is essential for maintaining a fair and just society. For example, in South Africa, the Constitutional Court played a key role in ending apartheid by ruling that laws that discriminated against black people were unconstitutional.

Key Terms & Concepts

• Judicial Review: The power of a court to declare laws or government actions unconstitutional. Example: In the United States, the Supreme Court has used judicial review to strike down laws that discriminate against certain groups.
• Constitutional Court: A special court that interprets a country's constitution and ensures that laws passed by the government do not contradict it. Example: In Germany, the Federal Constitutional Court has played a key role in shaping the country's laws and institutions.
• Rule of Law: A principle that states that everyone, including government officials, is subject to the law and must obey it. Example: In the UK, the rule of law is enshrined in the Magna Carta, which established the principle that the king was not above the law.
• Separation of Powers: A system in which power is divided between the legislative, executive, and judicial branches of government. Example: In the United States, the separation of powers is enshrined in the Constitution, which divides power between the Congress, the President, and the Supreme Court.
• Checks and Balances: A system in which each branch of government has some power to limit the actions of the other branches. Example: In the United States, the Congress has the power to impeach the President, while the President has the power to veto laws passed by Congress.
• Independent Judiciary: A judiciary that is free from interference by the other branches of government. Example: In India, the Supreme Court is an independent judiciary that has played a key role in protecting citizens' rights and ensuring that the government respects the rule of law.
• Judicial Activism: A style of judging in which judges take an active role in shaping the law and policy. Example: In the United States, some judges have been accused of judicial activism for their decisions on issues such as abortion and same-sex marriage.
• Judicial Restraint: A style of judging in which judges interpret the law narrowly and avoid making policy decisions. Example: In the United States, some judges have been accused of judicial restraint for their decisions on issues such as campaign finance reform.
• Federalism: A system in which power is divided between a central government and regional governments. Example: In the United States, federalism is enshrined in the Constitution, which divides power between the federal government and the states.
• Subnational Judiciary: A judiciary that operates at the regional or local level. Example: In Mexico, the subnational judiciary plays a key role in resolving disputes between the federal government and the states.

How This Works in Practice

• In the UK, the Supreme Court has the power to declare laws passed by Parliament unconstitutional. For example, in 2019, the Supreme Court ruled that Prime Minister Boris Johnson's decision to suspend Parliament was unlawful.
• In the United States, the Supreme Court has the power to declare laws passed by Congress unconstitutional. For example, in 2015, the Supreme Court ruled that the Affordable Care Act (Obamacare) was constitutional.
• In India, the Supreme Court has the power to declare laws passed by the government unconstitutional. For example, in 2018, the Supreme Court ruled that a law that allowed the government to detain people without trial was unconstitutional.
• In China, the Supreme People's Court has the power to interpret the law and ensure that it is applied consistently. For example, in 2019, the Supreme People's Court ruled that a law that allowed the government to seize land without compensation was unconstitutional.
• In Russia, the Constitutional Court has the power to interpret the constitution and ensure that laws passed by the government do not contradict it. For example, in 2019, the Constitutional Court ruled that a law that allowed the government to restrict freedom of speech was constitutional.

Common Misunderstandings

• Misunderstanding: The judiciary is a weak branch of government that is easily influenced by the other branches.
• Correction: The judiciary is an independent branch of government that has the power to check the actions of the other branches. For example, in the United States, the Supreme Court has the power to declare laws passed by Congress unconstitutional.
• Misunderstanding: The rule of law is a principle that only applies to citizens, not government officials.
• Correction: The rule of law is a principle that applies to everyone, including government officials. For example, in the UK, the rule of law is enshrined in the Magna Carta, which established the principle that the king was not above the law.
• Misunderstanding: Judicial review is a power that only applies to the Supreme Court.
• Correction: Judicial review is a power that can be exercised by any court, not just the Supreme Court. For example, in the United States, lower courts have the power to declare laws passed by Congress unconstitutional.

Quick Comparison Table

Last-Minute Exam Cram

• A judicial review is not the same as a judicial opinion – a judicial review is a decision that declares a law or government action unconstitutional, while a judicial opinion is a written explanation of the decision.
• A Constitutional Court is a special court that interprets a country's constitution and ensures that laws passed by the government do not contradict it.
• The rule of law is a principle that states that everyone, including government officials, is subject to the law and must obey it.
• Separation of powers is a system in which power is divided between the legislative, executive, and judicial branches of government.
• Checks and balances are a system in which each branch of government has some power to limit the actions of the other branches.
• An independent judiciary is a judiciary that is free from interference by the other branches of government.
• Judicial activism is a style of judging in which judges take an active role in shaping the law and policy.
• Judicial restraint is a style of judging in which judges interpret the law narrowly and avoid making policy decisions.
• Federalism is a system in which power is divided between a central government and regional governments.
• A subnational judiciary is a judiciary that operates at the regional or local level.
• The Supreme Court is the highest court in a country and has the power to declare laws passed by the government unconstitutional.
• A state is not the same as a government – the state is the permanent institution, the government is temporary.