AP®︎ Comparative Government: Topic 2.9 Flashcards

Master key terms and definitions for Topic 2.9 of AP Comparative Government – Independent Judiciaries to help you prep for quizzes and the AP exam.

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Term

Judicial Independence

Definition

The capacity of courts and judges to decide cases according to law and facts without improper control, retaliation, or direction from powerful political actors

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Judicial Independence
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The capacity of courts and judges to decide cases according to law and facts without improper control, retaliation, or direction from powerful political actors

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Judicial Review (Constitutional Review)
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The authority of a court to determine whether legislation or government action is consistent with a constitution or other superior law

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De Jure vs. De Facto Judicial Independence
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De jure independence consists of formal constitutional and legal protections; de facto independence is how freely courts actually behave and whether officials respect their decisions

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Rule of Law vs. Rule by Law
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Under rule of law, publicly known laws bind officials and citizens alike; under rule by law, leaders use legal institutions to govern and punish while remaining above effective judicial constraint

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Parliamentary Sovereignty
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The principle that Parliament is the supreme lawmaking authority, so United Kingdom courts cannot invalidate properly enacted primary legislation

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