Glossary
Authority
The power or right to give orders, make decisions, and enforce obedience, often derived from legal or constitutional grants.
Example:
The Supreme Court's authority to interpret the constitution gives it significant power over the other branches of government.
Checks and Balances
A system in which different branches of government have powers that can limit or control the powers of other branches, preventing any single branch from becoming too powerful.
Example:
The power of the U.S. Supreme Court to declare a law unconstitutional is a key example of checks and balances on the legislative branch.
Civil Liberties
Fundamental individual rights and freedoms that governments are obligated to protect, such as freedom of speech, religion, and assembly.
Example:
An independent judiciary is crucial for protecting civil liberties, ensuring that citizens' rights are not infringed upon by government actions.
Democracy
A system of government where supreme power is vested in the people and exercised by them directly or indirectly through a system of representation, usually involving periodically held free elections.
Example:
Independent judiciaries are vital for a functioning democracy because they uphold the rule of law and protect individual rights against potential government overreach.
Independent Judiciaries
A judicial system that is free from influence or control by the executive and legislative branches of government, allowing judges to make impartial decisions based solely on the law.
Example:
In a country with an independent judiciary, a judge can rule against the president's executive order without fear of losing their job.
Judicial Appointments Commission
An independent body responsible for selecting and recommending candidates for judicial office, often designed to ensure merit-based appointments and reduce political influence.
Example:
The UK's Judicial Appointments Commission aims to ensure that judges are selected based on their qualifications rather than political connections.
Judicial Review
The power of a court to determine whether a law, action, or decision by the executive or legislative branch is constitutional, and to strike it down if it is not.
Example:
Mexico's Supreme Court exercising judicial review to overturn a state law that violates citizens' rights demonstrates its growing independence.
Legitimacy
The popular acceptance of a government's or institution's authority to rule, often derived from fair processes, effective governance, and adherence to the rule of law.
Example:
When courts are seen as corrupt or politically controlled, their legitimacy among the public can erode, leading to a lack of trust in the justice system.
Parliamentary Sovereignty
A constitutional principle, primarily in the UK, where the legislative body (Parliament) has ultimate legal authority and can create or repeal any law, meaning no other body can override its legislation.
Example:
Due to parliamentary sovereignty, the UK Supreme Court cannot strike down an act of Parliament, even if it believes it to be unjust.
Rule of Law
A principle that all individuals and institutions, including the government, are accountable to laws that are publicly promulgated, equally enforced, and independently adjudicated.
Example:
When a country upholds the rule of law, even powerful government officials can be prosecuted if they break the law, ensuring fairness and accountability.
Separation of Powers
The division of governmental responsibilities into distinct branches, typically legislative, executive, and judicial, to prevent the concentration of power and provide for checks and balances.
Example:
The distinct roles of Parliament (legislative), the Prime Minister (executive), and the courts (judicial) in the UK illustrate the principle of separation of powers.
Sharia Law
A comprehensive legal and moral code derived from Islamic religious precepts, which often serves as the primary source of law in some Muslim-majority countries.
Example:
In Iran, judicial decisions are ultimately guided by interpretations of Sharia law, which can sometimes lead to different legal outcomes compared to secular legal systems.
Tyranny
Cruel and oppressive government or rule, often characterized by the concentration of power in the hands of a single individual or a small group, without checks or balances.
Example:
Without an independent judiciary, a powerful executive could easily descend into tyranny, suppressing dissent and violating human rights without legal challenge.