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Judiciary - Coggle Diagram

- - - - features
        
        organizational section: sets out the powers and structure of government institutions
        
        bill of rights: covers individual and, often, group rights, including access to legal redress
        
        preamble: seeks popular support for the document with a stirring declaration of principles and, sometimes a definition of the state's purposes
        
        procedures for amendment: outlines the procedure for revising the constitution
        
        entrenchment: the question of the legal procedures for amending a constitution
        
        flexible constitution: one that can be amended more easily, often in the same way that ordinary legislation is passed
        
        rigid constitution: one that is entrenched, requiring more demanding amendment procedures
- - - - the Supreme Court (general jurisdiction)
        
        original jurisdiction: the power of a court to review cases that originate with the court itself
        
        appellate: the power of a court to review decisions reached by lower courts
      - concrete review: judgments made on the constitutional validity of the law in the context of a specific case, sometimes known as the American model
      - decentralized (all judges)
    - - centralized (specialized judges)
      - constitutional court (special jurisdiction)
      - abstract review: advice (not usually binding) given by a court on the constitutionality of a law or public policy. sometimes known as the European model (activated politically by request of government etc.)
- - - - judicial restraint: the view that judges should apply the letter of the law, leaving politics to elected bodies
    - - judicial activism: the willingness of judges to venture beyond narrow legal reasoning so as to influence public policy
    - - international conventions give judges an extra lever to move outside the limits of national law
      - the continuing prestige of the judiciary has retained at least some transfer of authority to its domain
      - increasing reliance on regulation as a mode of governance encourages court intervention
  - - - supremacy of the constitution
        
        expressly rejects the idea of "parliamentary democracy"
        
        constitution is a special document - that should restrain legislative and executive manners
      - parliamentary sovereignty
        
        no higher authority than the legislator and its majority that can revise the constitution and rile on sonctitutional principles
        
        judges are only there to enforce laws, not to create new ones or even interpret them
    - - What sort of judicial review system is prevalent in the country? that decides the importance/existence of a constitutional or Supreme Court
    - - are (constitutional/Supreme Court) judges...
        
        appointed or elected or co-opted
        
        for short or long or life period?