POL111H5 Chapter Notes - Chapter 13: Federal Constitutional Court, Administrative Law, Judicial Activism
Document Summary
Law: importance of law, rule of law: is a western and primarily anglo- american term. Common law is based on precedents created by decisions in specific cases: civil law: judges reach decisions by applying extensive written codes rather than by comparing cases. America"s administrative procedure act (1946) requires courts to hold unlawful any agency action that is arbitrary, capricious, an abuse of discretion or otherwise not in accordance with law". Constitutions: sets out the formal structure of the state, specifying the powers and institutions of central government, and its relationship with other levels. In addition, constitutions express the rights of citizens and in so doing create limits on government. Codified constitution is set out in a single document; an uncodified constitution is spread among a range of documents and is influenced by tradition and practice. Flexible constitutions can be amended in the same way that ordinary legislation is passed; britain is the major example.
