Constitutional lawLesson 2 of 4 in the course Civil Liberties

Constitutional Rights, Political Approaches, and the Rule of Law

5 flashcards · 5 quiz questions · 5 match pairs · 5 fill-in sentences · English

Save course
Lesson progress
0 / 5

Your progress is kept in this browser only.Sign up to save it

Summary

A constitution is a framework for the operation of government. It describes fundamental principles, establishes the branches of government and their duties, and sets limits on government power. It commonly identifies rights and freedoms reserved for individuals. Because it establishes the basic rules of the political system, a constitution is generally more difficult to amend than an ordinary law.

All flashcards

What is a constitution?
A framework of fundamental rules and principles that establishes government structure, powers, duties, and limits, often including protections for individual rights.
What are negative rights?
Rights framed mainly as limits on government—for example, prohibitions against government interference with specified freedoms.
What are positive rights?
Rights framed as guarantees or duties that government must fulfill or protect for people.
What is constitutionalism?
Governing according to meaningful constitutional limits, the rule of law, and guarantees of individual rights.
What distinguishes procedural from substantive due process?
Procedural due process concerns required government procedures; substantive due process concerns fair treatment and protection of fundamental liberties.

Quiz questions

  1. Which feature is characteristic of a constitution?Answer: It establishes government structure and limits public power.
  2. What makes a collection of sources function as a constitution?Answer: It establishes fundamental principles and structures of government.
  3. What does a negative-rights approach chiefly emphasize?Answer: Limits on government interference with individual freedoms.
  4. What does a positive-rights approach chiefly emphasize?Answer: Government obligations to guarantee or protect stated rights.
  5. Why is it inaccurate to describe the U.S. Constitution as containing only negative rights?Answer: It includes protections such as counsel, jury trials, and habeas corpus.

Based on Introduction to Political Science by Mark Carl Rom, Masaki Hidaka, Rachel Bzostek Walker (OpenStax), licensed CC BY 4.0. Adapted into a summary, flashcards and quizzes.

More in Constitutional law

All Constitutional law lessons
Constitutional lawInstitutions, Courts, and Executive Action in Civil Rights Change5 flashcards · 5 quiz questions · 4 gamesPlay free →Constitutional lawEnvironmental Rights, Climate Displacement, and Judicial Accountability5 flashcards · 5 quiz questions · 4 gamesPlay free →Constitutional lawConstitutional Law: Forms, Government Design, Rights, and Enforcement5 flashcards · 5 quiz questions · 4 gamesPlay free →Constitutional lawJudicial Disputes, Enforcement, and the Wider Influence of Court Decisions5 flashcards · 5 quiz questions · 4 gamesPlay free →Constitutional lawRule of Law: Theories, Institutions, and Comparative Practice5 flashcards · 5 quiz questions · 4 gamesPlay free →Constitutional lawThe Judiciary: Rule of Law, Court Authority, and Judge Selection5 flashcards · 5 quiz questions · 4 gamesPlay free →