* Separation of Powers and Checks and Balances
Expert-defined terms from the Professional Certificate in Constitutional and Administrative Law course at London School of International Business. Free to read, free to share, paired with a globally recognised certification pathway.
**Administrative law** #
The branch of law that governs the activities of administrative agencies of government. It is concerned with the decision-making processes of these agencies, and provides legal constraints on their power.
**Agency** #
An organization or department of government that is responsible for implementing and enforcing specific laws and regulations. Agencies are created by the legislative branch and are overseen by the executive branch.
**Bill of Rights** #
The first ten amendments to the United States Constitution, which protect the individual rights and liberties of citizens, such as freedom of speech, religion, and the press, and the right to a fair trial.
**Checks and balances** #
A system of government in which each branch of government has the power to check and balance the power of the other branches, in order to prevent any one branch from becoming too powerful.
**Constitution** #
A set of fundamental principles or established precedents that govern the political and legal affairs of a state or country. A constitution can be written or unwritten and may be codified in a single document or spread out over several documents.
**Constitutional law** #
The branch of law that deals with the interpretation and application of a country's constitution. It governs the relationship between the different branches of government, as well as the rights and responsibilities of citizens and government officials.
**Due process** #
The legal requirement that government officials must follow certain procedures when depriving individuals of life, liberty, or property. Due process includes both substantive and procedural requirements.
**Federalism** #
A system of government in which power is divided between a central government and regional or state governments. In the United States, the Constitution divides power between the federal government and the states.
**Judicial review** #
The power of courts to review the actions of the other branches of government and to declare them unconstitutional if they exceed the powers granted to them by the constitution.
**Legislative branch** #
The branch of government responsible for making laws. In the United States, the legislative branch is made up of the Congress, which consists of the House of Representatives and the Senate.
**Legislative power** #
The power to make laws, which is typically exercised by the legislative branch of government.
**Political question** #
A question that is not appropriate for judicial review because it involves political rather than legal considerations.
**Precedent** #
A legal principle or rule established by a court in a previous case, which is used as a guide for deciding future cases with similar facts.
**Presidential system** #
A system of government in which the executive branch is led by a president who is elected separately from the legislative branch.
**Procedural due process** #
The requirement that government officials must follow certain procedures when depriving individuals of life, liberty, or property.
**Rule of law** #
The principle that all individuals and organizations, including government officials, are subject to the law and must abide by it.
**Separation of powers** #
A system of government in which power is divided among three branches: the legislative, executive, and judicial. Each branch has distinct powers and responsibilities, and is designed to check and balance the power of the other branches.
**Substantive due process** #
The requirement that laws and government actions must be reasonable and not arbitrary or capricious, and must be based on a rational connection to a legitimate government interest.
**Supremacy Clause** #
A clause in the United States Constitution that states that federal law is supreme over state law.
**Ultra vires** #
A Latin term meaning "beyond the powers," used to describe actions taken by a government official or agency that exceed the scope of their legal authority.
**Writ of habeas corpus** #
A legal document that orders a person who is being detained to be brought before a judge to determine whether their detention is lawful.
**Judicial branch** #
The branch of government responsible for interpreting and applying the law. In the United States, the judicial branch is made up of the Supreme Court and the lower federal courts.
**Judicial power** #
The power to interpret and apply the law, which is typically exercised by the judicial branch of government.
**Jurisdiction** #
The legal authority of a court to hear and decide a case. Jurisdiction can be based on the subject matter of the case, the location where the case arose, or the parties involved.
**Precedent** #
A legal principle or rule established by a court in a previous case, which is used as a guide for deciding future cases with similar facts.
**Stare decisis** #
A Latin term meaning "to stand by things decided," used to describe the doctrine of precedent in which courts follow the legal principles established by previous cases.
**Writ of habeas corpus** #
A legal document that orders a person who is being detained to be brought before a judge to determine whether their detention is lawful.
**Exclusionary rule** #
A legal principle that prohibits the use of evidence in a criminal trial if it was obtained in violation of the defendant's constitutional rights.
**Fourth Amendment** #
An amendment to the United States Constitution that protects citizens against unreasonable searches and seizures by the government.
**Probable cause** #
A legal standard that requires government officials to have sufficient evidence or facts to support a reasonable belief that a crime has been committed or that a person is connected to a crime.
**Search warrant** #
A legal document issued by a judge that authorizes law enforcement officials to search a specific location and seize any evidence of a crime.
**Self #
incrimination** - The act of providing evidence or information that may be used to incriminate or prosecute oneself.
**Fifth Amendment** #
An amendment to the United States Constitution that guarantees the right to due process and the right against self-incrimination.
**Double jeopardy** #
The prosecution of a person twice for the same offense, which is prohibited by the Fifth Amendment to the United States Constitution.
**Right to counsel** #
The right of a criminal defendant to be represented by an attorney, which is guaranteed by the Sixth Amendment to the United States Constitution.
**Speedy trial** #
The right of a criminal defendant to a trial without unreasonable delay, which is guaranteed by the Sixth Amendment to the United States Constitution.
**Cruel and unusual punishment** #
A legal principle that prohibits the use of punishment that is excessively harsh, shocking, or offensive to the conscience of a civilized society, which is guaranteed by the Eighth Amendment to the United States Constitution.
**Equal protection** #
The legal principle that all individuals must be treated equally under the law, which is guaranteed by the Fourteenth Amendment to the United States Constitution.
**Due process** #
The legal requirement that government officials must follow certain procedures when depriving individuals of life, liberty, or property.
**Fundamental rights** #
Rights that are considered essential to the functioning of a democratic society and are therefore entitled to the highest level of protection, such as the right to free speech, religion, and the press.
**Incorporation** #
The legal principle that the provisions of the Bill of Rights apply to the states as well as the federal government, through the Due Process clause of the Fourteenth Amendment.
**Selective incorporation** #
The legal principle that only certain provisions of the Bill of Rights, such as the First Amendment, apply to the states through the Due Process clause of the Fourteenth Amendment.
**Substantive due process** #
The requirement that laws and government actions must be reasonable and not arbitrary or capricious, and must be based on a rational connection to a legitimate government interest.
**Judicial activism** #
The practice of judges interpreting the law in a way that advances their own policy preferences or ideological views, rather than simply applying the law as it is written.
**Judicial restraint** #
The practice of judges interpreting the law in a narrow and limited way, in order to avoid overstepping their constitutional role and usurping the power of the other branches of government.
**Strict scrutiny** #
A legal standard used by courts to review laws or government actions that infringe upon fundamental rights or discriminate on the basis of race, national origin, or alienage.
**Intermediate scrutiny** #
A legal standard used by courts to review laws or government actions that infringe upon certain rights, such as the right to gender equality.
**Rational basis** #
A legal standard used by courts to review laws or government actions that do not infringe upon any constitutionally protected rights, in order to determine whether they are rationally related to a legitimate government interest.
**Standing** #
The legal requirement that a person has a sufficient connection to a case or controversy in order to bring a lawsuit in court.
**Mootness** #
The legal principle that a case is no longer justici