Judicial Power
Expert-defined terms from the Professional Certificate in Constitutional Law and Political Science course at London School of Business and Administration. Free to read, free to share, paired with a globally recognised certification pathway.
Absolute Immunity #
A legal doctrine that grants certain public officials, including judges, complete immunity from civil lawsuits for actions taken within the scope of their official duties. This immunity is intended to protect judges from frivolous lawsuits and to ensure their independence in making decisions.
Adjudicatory Power #
The power of a court to hear and decide cases, including the authority to make binding decisions on the parties involved. Adjudicatory power is a fundamental aspect of judicial power and is necessary for the administration of justice.
Appellate Review #
The process by which a higher court reviews the decisions of a lower court to determine if any legal errors were made. Appellate review is an essential component of the judicial system and helps to ensure that lower court decisions are consistent with legal principles and precedents.
Case or Controversy Requirement #
A constitutional requirement that federal courts may only hear actual cases or controversies, and not hypothetical or abstract questions. This requirement is intended to limit the power of the federal courts and to ensure that they do not interfere with the legislative or executive branches.
Checks and Balances #
A principle of the American constitutional system that divides government power among the three branches of government (legislative, executive, and judicial) and provides each branch with the ability to check and balance the powers of the other branches.
Civil Law #
A branch of law that deals with disputes between private individuals or entities, as opposed to criminal law, which deals with crimes against the state. Civil law includes a wide range of legal issues, such as contracts, torts, and property disputes.
Common Law #
A legal system that is based on precedent, rather than statutes or codes. Under common law, judges look to past decisions, or precedents, to guide their decisions in current cases. Common law is primarily used in England and the United States.
Constitutional Law #
A branch of law that deals with the interpretation and application of the constitution. Constitutional law is primarily concerned with the relationship between the government and the individual, and it includes issues such as civil rights, due process, and equal protection.
Criminal Law #
A branch of law that deals with crimes against the state, as opposed to civil law, which deals with disputes between private individuals or entities. Criminal law includes issues such as murder, theft, and assault.
Due Process #
A constitutional guarantee that all individuals have the right to a fair and impartial hearing before they can be deprived of life, liberty, or property. Due process includes both procedural due process, which ensures that proper procedures are followed, and substantive due process, which ensures that the government does not arbitrarily deprive individuals of their rights.
Equal Protection #
A constitutional guarantee that all individuals are entitled to equal treatment under the law. The equal protection clause prohibits the government from treating individuals differently based on certain characteristics, such as race, gender, or religion.
Federal Question Jurisdiction #
The power of federal courts to hear cases that arise under federal law, as opposed to state law. Federal question jurisdiction is granted by the Constitution and is intended to ensure that federal laws are uniformly applied throughout the country.
Federalism #
A system of government in which power is divided between a central government and smaller, regional governments. Federalism is a defining characteristic of the American constitutional system and is intended to balance the need for a strong central government with the desire for local control.
Habeas Corpus #
A legal principle that requires the government to bring a prisoner before a judge to determine if the prisoner's detention is lawful. Habeas corpus is a fundamental right that is protected by the Constitution and is intended to prevent arbitrary arrest and detention.
Judicial Activism #
A philosophy of judicial decision-making that emphasizes the role of the courts in interpreting and applying the constitution to protect individual rights and to check the power of the other branches of government. Judicial activism is often contrasted with judicial restraint, which emphasizes the role of the courts in deferring to the decisions of the other branches of government.
Judicial Review #
The power of courts to review the actions of the other branches of government to determine if they are consistent with the constitution. Judicial review is a fundamental aspect of the American constitutional system and is intended to ensure that the government operates within the bounds of the constitution.
Judicial Restraint #
A philosophy of judicial decision-making that emphasizes the role of the courts in deferring to the decisions of the other branches of government. Judicial restraint is often contrasted with judicial activism, which emphasizes the role of the courts in interpreting and applying the constitution to protect individual rights.
Jurisdiction #
The power of a court to hear and decide cases. Jurisdiction can be based on a number of factors, including the type of case, the location of the case, and the parties involved.
Legislative Power #
The power of the legislative branch to make laws. Legislative power is a fundamental aspect of the American constitutional system and is necessary for the functioning of the government.
Marbury v. Madison #
A landmark Supreme Court case from 1803 that established the principle of judicial review. In Marbury v. Madison, the Court held that it had the power to review the actions of the other branches of government to determine if they were consistent with the constitution.
Precedent #
A legal principle that requires judges to follow the decisions of previous cases when making decisions in current cases. Precedent is a fundamental aspect of common law systems and helps to ensure that the law is consistent and predictable.
Stare Decisis #
A legal principle that requires judges to follow established legal precedents when making decisions in current cases. Stare decisis is a fundamental aspect of common law systems and helps to ensure that the law is consistent and predictable.
Standing #
A legal requirement that a person or entity must have a sufficient connection to a case in order to bring a lawsuit. Standing is intended to ensure that only those who are directly affected by a case are allowed to participate in the legal process.
Statutory Law #
A branch of law that is based on statutes or codes, rather than common law or constitutional law. Statutory law is primarily used in the United States and is intended to provide clear and specific rules for certain issues.
Supremacy Clause #
A constitutional provision that establishes that federal law is supreme over state law. The supremacy clause is intended to ensure that the federal government has the power to regulate issues that are of national importance, and it helps to prevent conflicts between federal and state laws.
Writ of Habeas Corpus #
A legal document that is used to bring a prisoner before a judge to determine if the prisoner's detention is lawful. A writ of habeas corpus is a fundamental right that is protected by the Constitution and is intended to prevent arbitrary arrest and detention.