Legislative Senior Civil Service Examination key terms

The power of a court to examine a statute or official act and declare it void when it conflicts with the constitution. It may be concentrated in a special tribunal or diffused among ordinary courts.

The principle that the constitution ranks above ordinary legislation and government action, so any conflicting norm is invalid or inapplicable. It grounds the authority of courts to review and annul unconstitutional measures.

The ordered ranking of legal rules in which lower rules must conform to higher ones, typically constitution, statutes, regulations, and individual decisions. Courts use it to resolve conflicts between instruments of different rank.

A specialized tribunal, separate from the ordinary judiciary, that rules on constitutional disputes such as the validity of statutes, allocation of competences, and protection of fundamental rights. Its decisions often bind all public authorities.

Constitutional review conducted before or independently of a concrete case, at the request of designated officials or institutions, on whether a norm conforms to the constitution. It contrasts with review arising from a live dispute.

A structured analysis asking whether a rights-limiting measure pursues a legitimate aim, is suitable for it, is necessary because no less restrictive means exists, and does not impose excessive burdens. Courts use it to balance public interests against fundamental rights.

The latitude a reviewing court leaves to legislators or authorities in choosing how to pursue legitimate aims, acknowledging that reasonable people may differ. Wider deference is often given in sensitive policy or emergency contexts.

A court's willingness to uphold a decision of another branch without substituting its own judgment, often because the issue is polycentric, technical, or within the branch's constitutional competence. It is limited by the duty to protect rights.

Whether a dispute is suitable for resolution by a court rather than by political or discretionary decision. Issues may be non-justiciable because they involve prerogative powers, national security, or resource allocation.

The legal right of a person or body to bring a case before a court because of a sufficient interest or injury. It determines who may challenge an unconstitutional norm or unlawful administrative act.

The requirement that administrative action have a basis in law and not contravene it. Officials may do only what the law authorizes, and penalties or restrictions require a legal foundation.

Latin for "beyond the powers." An act is ultra vires when a public body exceeds the authority granted by statute or its constitutive instrument, making the act liable to be annulled.

Procedural safeguards owed before an adverse decision, typically notice of the case, an opportunity to be heard, and an impartial decision-maker. The content of the duty varies with the seriousness of the consequences.

Latin for "hear the other side." It requires that a person affected by a decision be given notice and a fair chance to present evidence and argument before the decision is made.

A decision that states the facts found, the legal basis, and the reasoning connecting them to the outcome. Reasons enable effective review and protect against arbitrary or unexplained exercises of power.

Court scrutiny of administrative acts for legality, procedural fairness, and abuse of discretion, usually without rehearing the merits. Remedies include annulment, declaration, injunction, and damages in some systems.

Rules, regulations, or orders made by the executive or another body under authority conferred by a statute. It must stay within the enabling act and is often subject to parliamentary scrutiny.

The provision in a statute that authorizes a person or body to make subordinate rules and states the scope, purposes, and limits of that power. Courts construe it strictly against the delegate.

A scrutiny mechanism under which delegated legislation takes effect unless the legislature votes to annul it within a set period. It conserves floor time while preserving a veto.

A scrutiny mechanism requiring the legislature to approve delegated legislation before, or shortly after, it takes effect. It gives stronger control than a negative procedure but consumes more parliamentary time.

The minimum number of members whose presence is required for a chamber or committee to transact business validly. Decisions taken without a quorum are generally invalid.

A procedural motion to end debate and proceed to a vote, sometimes with a timetable allocating time to remaining stages. It prevents filibustering but may restrict minority debate.

Prolonged speech or procedural obstruction used to delay or defeat a measure. It is limited by closure rules or by a supermajority requirement to end debate.

A motion to end debate that requires more than a simple majority, often three-fifths or two-thirds of members. It is designed to protect minority debate while permitting eventual decision.

A procedural device in which the full chamber sits as a committee under relaxed rules, typically to consider a bill clause by clause. It reports back to the chamber for final decision.

A formal stage in the passage of legislation, usually numbered first, second, and third, each with distinct debate and voting rules. Readings structure scrutiny from general principle to detailed amendment and final approval.

A proposed change to the text of a bill or motion, moved by a member and voted on under the chamber's rules. Amendments may be substantive, technical, or designed to test opinion.

A statutory provision under which a law, power, or agency expires automatically on a stated date unless renewed. It forces periodic legislative review of necessity and effectiveness.

The legal rule or principle on which a court's decision actually rests, which binds lower courts under precedent. It must be distinguished from incidental remarks.

A statement of law in a judgment that is not necessary to the outcome and therefore not binding as precedent. It may still carry persuasive weight in later cases.

The principle that a final judgment on the merits conclusively settles the dispute between the parties, barring relitigation of the same claim. It promotes finality and protects reliance.

The obligation of a party to persuade the court that a disputed fact is established to the required standard. In civil cases this is usually the balance of probabilities; in criminal cases, proof beyond reasonable doubt.

The rule that an accused is treated as innocent until the prosecution proves guilt to the required standard. It places the burden on the state and protects against premature punishment.

A court order requiring a person detaining someone to produce that person and justify the detention. It is a prompt remedy against unlawful imprisonment.

The prohibition on trying a person twice for the same offence once a final decision has been reached. It protects against double jeopardy and duplicated punishment.

The disciplined composition of statutory text so that it is clear, internally consistent, and effective in achieving the intended policy. It involves precise definitions, structure, and consideration of existing law.

Writing legal text in ordinary, direct wording with short sentences and active verbs so that readers can understand it without specialist help. It reduces ambiguity and litigation over meaning.

A provision defining how terms are used throughout a statute, often including headings, schedules, and cross-references. Careful definitions prevent disputes over scope and application.

A structured analysis of the likely costs, benefits, and risks of a proposed rule, including alternatives and effects on affected groups. It informs legislative choice and supports evidence-based policy.

A method that monetizes expected gains and losses of a policy option to compare alternatives. It clarifies trade-offs but depends on contested valuations and assumptions.

A legislative structure with two chambers that must usually agree before a law is enacted. It can improve deliberation and representation but may slow decision-making.

A legislative structure with a single chamber. It tends to simplify and speed lawmaking but offers fewer internal checks and less territorial representation.

A vote by which a legislature expresses support for, or withdraws support from, the executive. Losing a confidence vote typically obliges the government to resign or call elections.

The allocation of legislative, executive, and judicial authority to distinct institutions with mutual checks. It aims to prevent concentration of power and protect liberty.

The study and management of government revenue, expenditure, debt, and assets. It concerns how public money is raised, allocated, and accounted for.

The government's yearly plan of estimated revenue and expenditure presented to the legislature for approval. It authorizes spending and sets the framework for taxation and borrowing.

A legislative authorization that permits the government to spend a specified sum for a specified purpose. Spending without appropriation is ordinarily unlawful.

The shortfall in a given year when government expenditure exceeds revenue, financed by borrowing. It differs from debt, which is the accumulated stock of past borrowing.