Ch 13 reading notes
Ch 13 reading notes PLS103
Popular in Issues in world politics
Popular in Political Science
13309 - PLS 103 - 02
verified elite notetaker
This 1 page Class Notes was uploaded by Ashley Marth on Tuesday October 27, 2015. The Class Notes belongs to PLS103 at Grand Valley State University taught by Dr. Zhao in Summer 2015. Since its upload, it has received 20 views. For similar materials see Issues in world politics in Political Science at Grand Valley State University.
Reviews for Ch 13 reading notes
Report this Material
What is Karma?
Karma is the currency of StudySoup.
Date Created: 10/27/15
Ashley Marth Reading summary Ch 13 Chapter 13 was informing us on the constitution and law The rule of law connects the law and government There are two types of laws a common law and civil law A common law is made by a judge Also a common law is considered governance and not a government A civil law was founded on written legal codes and the parliament passes these laws rather than the judge A constitution sets out the formal structure of the state Its structure follows a preamble organizational section bill of rights and procedure for amendment The preamble provides the de nition of the state s purposes organizational section sets out powers of government institutions bill of rights covers individual and often group rights and procedures for amendment define rules for revising the constitution A constitution is either sent our codified which means it is a single document or uncodified which means the document is spread among a range of documents and is in uenced by tradition and practice When it comes to the amendments they can either be exible and amended in the same way that ordinary legislation is passed or rigid which is more of a ringfenced demanding procedure The judicial review consists of senior judges that address a range of moral predicaments political controversies and public policy issues This is what stabilizes the democracy The abstract review is practice by the constitutional courts only and the Concrete review is practice by both the constitutional and supreme courts The concrete review usually arises due to some sort of specific legal case Constitutional courts attempt to prevent any form of dictatorship and are known as the kin of courts An example of this is the European Court of Justice that serves on a transnational basis Their purpose is to ensure that the Union s treaties are subject to its jurisdiction and are correctly interpreted and applied Judicial activism is the willingness of judges to venture beyond narrow legal reasoning in order to in uence public policy In contrary to that there is also a judicial restraint which is more conservative and maintains that judges should simply apply the letter of the law leaving politics to elected bodies There are three types of judicial decision making leagal decisions re ect their understanding of what the law requires attitudinal decisions re ect their liberal or conservative ideology and strategic decisions take into account the reaction of other political actions and their judgements The administrative law governs this