Doctrines about how constitutions are built, read and enforced: judicial review, the basic structure doctrine of India, separation of powers, the living tree approach, the political question doctrine, implied powers and the enrolled bill rule, together with constitutional law as a subject and its more experimental forms. A doctrine belongs here when its cited article describes a rule of constitutional structure or interpretation. It excludes rules of administrative power and of individual protection.
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Constitutional Structure and Judicial Review Doctrines
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Basic Structure Doctrine (Wikipedia)
WikipediaHas Member: Basic Structure Doctrine, Introduction, sentence 1Quote, Has Member: Basic Structure Doctrine, Introduction, sentence 1
The basic structure doctrine is a common law doctrine holding that a sovereign state's constitution has certain characteristics that its legislature cannot alter.
Judicial interpretation (Wikipedia)
Has Member: Constitutional Interpretation, Introduction, sentence 1Quote, Has Member: Constitutional Interpretation, Introduction, sentence 1
Judicial interpretation is the way in which the judiciary construes the law, particularly constitutional documents, legislation and frequently used vocabulary.
Constitutional law (Wikipedia)
Has Member: Constitutional Law, Introduction, sentence 1Quote, Has Member: Constitutional Law, Introduction, sentence 1
Constitutional law is a body of law which defines the role, powers, and structure of different entities within a state, namely, the executive, the parliament or legislature, and the judiciary; as well as the basic rights of citizens and their relationship with their governments, and in federal countries such as the United States and Canada, the relationship between the central government and state, provincial, or territorial governments.
Enrolled bill rule (Wikipedia)
Has Member: Enrolled bill rule, Introduction, sentence 1Quote, Has Member: Enrolled bill rule, Introduction, sentence 1
The enrolled bill rule is a principle of judicial interpretation of rules of procedure in legislative bodies and rule of recognition.
Implied Powers (Wikipedia)
WikipediaHas Member: Implied Powers, Introduction, sentence 1Quote, Has Member: Implied Powers, Introduction, sentence 1
In the United States, implied powers are powers that, although not directly stated in the Constitution, are indirectly given based on expressed powers.
Judicial populism (Wikipedia)
Has Member: Judicial populism, Introduction, sentence 2Quote, Has Member: Judicial populism, Introduction, sentence 2
The term, which some refer to as popular constitutionalism, has been described as a reaction to the perceived elitist bias in the legal system.
Living Tree Doctrine (Wikipedia)
WikipediaHas Member: Living Tree Doctrine, Introduction, sentence 1Quote, Has Member: Living Tree Doctrine, Introduction, sentence 1
In Canadian law, the living tree doctrine (French: théorie de l'arbre vivant) is a doctrine of constitutional interpretation that says that a constitution is organic and must be read in a broad and progressive manner so as to adapt it to the changing times.
Political question (Wikipedia)
Has Member: Political Question Doctrine, Introduction, sentence 1Quote, Has Member: Political Question Doctrine, Introduction, sentence 1
In United States constitutional law, the political question doctrine holds that a constitutional dispute requiring or involving knowledge of a non-legal character, techniques not suitable for a court, or matters explicitly assigned by the Constitution to Legislative or Executive branches lies within the political realm, rather than the judiciary, which is apolitical by design.
Separation of Powers (Wikipedia)
WikipediaHas Member: Separation of Powers, Introduction, sentence 1Quote, Has Member: Separation of Powers, Introduction, sentence 1
The separation of powers principle functionally differentiates several types of state power (usually legislation, adjudication, and execution) and requires these operations of government to be conceptually and institutionally distinct and clearly articulated, thereby maintaining the integrity of each branch.
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