PHILOS 1B03 Study Guide - Final Guide: Consequentialism, Deontological Ethics
9 Jul 2015
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Characteristic features of modern constitutions (1) canonical form: expressed in written instruments. (2) superior law: takes precedence over lesser law. (3) stability: designed to last a long time. (4) bill or charter of rights: most modern constitutions recognize rights of political morality (e. g. freedom of expression); civil rights. (5) Five reasons: courts have the ability and obligation to assess legality of measures taken at earlier times (cid:224) political process tends to move on, prospective effect: legal ruling includes statement of reasons that sets a rule of binding on future actors future officials wary of acting contrary to earlier judicial rulings, common law reasoning: facilitates a measured development of rules in the context of specific cases and permits incorporation of lessons learned from early and often most over reactive stages of emergencies, court proceedings require official public record useful for later assessment press, legal commentators, public debate of government and court actions in response to crisis.
