Constitutional Glossary | Constitution Watchdog

Reference Material

Constitutional Glossary

Technical definitions for constitutional law, electoral mechanics, and statecraft. Designed for jurists, researchers, and policymakers.

A

Accession: A process by which a country becomes a member of an international agreement or of another state. For example, all but the original fifteen colonies in the United States were granted accession into the United States.
Administrative Courts: Administrative courts hear enforcement cases for administrative agencies or consider appeals to agency rules.
Amparo / Courts of Amparo: Amparo is a writ of constitutional protection found in Latin America. It allows the individual claimant to seek relief from the challenged governmental act without holding the act itself unconstitutional.
Analogical Interpretation of the Law: Analogical means connecting a likeliness in things that are otherwise unalike. Therefore, analogical interpretation of the law means to connect laws, and possibly the precedents that follow these laws, based on their few likelinesses, even though these laws are mostly unalike.
Appointed (Head of Government): Refers to cases where the Head of Government is selected by other government institutions, such as the head of state, legislature, or the courts.
Approve: To approve means to confirm or sanction formally, regardless of the particular language used in the Constitution. For example, in the United States, the Senate approves Supreme Court candidates nominated by the President.
Asylum: The protection that countries grant to refugees.
Attorney General: In most common law jurisdictions, the Attorney General is the main legal adviser to the government, and in some jurisdictions may in addition have executive responsibility for law enforcement or responsibility for public prosecutions.
Autochthonous: See Indigenous Persons.

B

Basic Law: A list of articles about the fundamental constitutional laws, known as Basic Laws, of various jurisdictions. Often, the use of the term "Basic Law" rather than "constitution" is intentional to imply that the Law is seen as a temporary measure in place of a more permanent constitution (e.g., Germany).
Budget Bills: The bill setting forth the spending and revenue proposals for the up-coming year(s).

C

Cabinet Responsibility: Refers to situations when the cabinet is collectively responsible for government policy.
Capital: Refers to where most of the government business takes place. For example, in the Dutch constitution, Amsterdam is specified as the capital and The Hague is specified as the seat of government, but most government activity takes place at The Hague. In this context, The Hague would be the de facto capital.
Capital Punishment: Also referred to as the death penalty, is the judicially ordered execution of a prisoner as a punishment for a serious crime, often called a capital offense or a capital crime.
Categorical Vote: A single vote for either one candidate or one party.
Censorship: The action of suppressing in whole or in part something that is considered politically or morally objectionable.
Central Bank: A nation's main regulatory bank. Traditionally, its primary responsibility is development and implementation of monetary policy.
Central Representative Body: Another name for the legislature. We refer to it as the central representative body because there are some cases where this body is not given the power to legislate, hence it is not necessarily a legislature.
Civil Servants: People who work for government departments or agencies.
Commander in Chief: The commander of all the military forces within a particular region or of all the military forces of a state.
Compulsory Voting: See Mandatory Voting.
Constitutional Court: A high court found in many countries which deals primarily with constitutional law. Its main authority is to rule on whether or not challenged laws (and sometimes administrative acts) are in fact unconstitutional.
Corporal Punishment: The deliberate infliction of pain intended as correction or punishment.
Counter Corruption Commission: An institution set up to eliminate or prevent corruption in government.
Cumulative Voting: A semi-proportional system of voting in which each voter has as many votes as there are seats to fill, but each voter may give all of his/her votes to one candidate, or split them up as desired.

D

Decree Authority: Decree is an order that has the force of law. Here, we are referring to decrees issued by the executive branch.
Deputy Executive: An assistant with the power to act when his superior is absent (e.g., Vice President, Deputy Prime Minister).
d’Hondt Method: A method for allocating seats in party-list proportional representation. After votes are tallied, successive quotients are calculated [V/(S+1)]. Whichever list has the highest quotient gets the next seat allocated. The process repeats until all seats are allocated. This method favors larger parties slightly compared to other methods.
Dignity of Man: Dignity refers to the quality of being worthy of esteem or respect. The dignity of man means the ability of individuals to be able to gain and sustain a particular status or level of respect.
Dismissal of Head of Government: Refers to normal dismissal procedures as well as vote of confidence procedures.
Dissolution: The means by which a Legislature comes to an end before an election.
District Magnitude: The number of candidates to be elected from an electoral district.
Division: Something that is uniform throughout the constitution, not sub-sections that only appear sporadically.
Documents: The number of documents that make up the constitution. (e.g., The US Constitution is one document; Israel's Constitution comprises multiple Basic Laws).
Double Jeopardy: Refers to being charged twice for the same crime. A prohibition against double jeopardy means that no individual can be charged for the same crime if they were already found not guilty in trial.
Drafted/Published (Date): This refers to the date the constitution was originally written.
Droop Quota: A formula used to calculate the minimum number of votes required to capture a seat in PR systems using Single Transferable Vote. Formula: [Votes / (Seats + 1)] + 1.
Due Process: The procedure or process required for a given judgment to be fair. Fairness here is specified in terms of the process rather than the outcome.
Duty: Refers to obligations or requirements of the state or citizens (e.g., compulsory voting, jury duty, conscription).

E

Electoral Commission: An institution set up to manage and supervise elections.
Electoral Court: A court set up to decide electoral disputes, usually ex post.
Electoral System: The structures and processes necessary to hold an election including the electoral laws, system of appointment, redistribution, and voting.
Electors: A body of persons appointed to select individuals for office (e.g., the Electoral College).
Ethnic Group: Broadly defined to include castes, nationalities, linguistic groups, racial groups, etc.
Ex Post Facto Laws: Legislation that attempts to extend backwards in time or punish acts committed before the date of the law’s approval. A prohibition of such laws is a common constitutional feature.
Executive Cabinet/Ministers: Group of key executive advisors which includes the Secretaries, Ministers, or heads of each Department of the national government.
Expropriation: The government’s act of taking title to property owned by a private party without that party’s consent under the authority of a law or statute (Eminent Domain).
Extradition: The surrender by one state to another of an individual accused or convicted of an offense outside its own territory.

F

First Chamber: The house of the Legislature elected by universal suffrage on the basis of population. If two houses share this characteristic, it is the larger of the two houses (e.g., US House of Representatives).
First Election Method: In a mixed system, this refers to the election method by which the most members are elected.
Freedom of Assembly: The right of people to gather together peacefully in public, whether for political, religious, or personal reasons.
Freedom of Association: The right to meet and interact freely, form, and join organizations without state interference. Differs from assembly in that it implies an organizational right.
Freedom of Conscience: The freedom of an individual to hold a viewpoint or thought without state coercion.
Freedom of Religion: An individual’s right to practice whatever religious beliefs one wants.
Fundamental Law: Law outlining the basic principles, powers, and structure of a government.

G - H

General Election: An election involving most or all constituencies in a state (or nation) in choosing candidates for office.
Habeas Corpus: A prerogative writ which requires the state to produce in court a person in its custody and justify their imprisonment.
Hare Quota: A formula used in PR systems: [Total Votes / Total Seats]. Produces larger numerical quotas than Droop.
Head of Government: The leader of the government or cabinet (e.g., Prime Minister). Distinct from Head of State in parliamentary systems.
Head of State: The chief public representative of a nation-state, whose role generally includes personifying the continuity and legitimacy of the state (e.g., Monarch, President).
Highest Average Method: A method of allocating seats in PR systems where votes are divided by a series of divisors (e.g., d'Hondt, Saint-Laguë).
Highest Ordinary Court: The ordinary court which has final say in the judicial process (e.g., Supreme Court).
Human Rights Commission: Institutions set up to ensure that individual and group rights are not being violated.

I - L

Immunity: Confers a status on a person or body that makes them free from otherwise legal processes (e.g., Parliamentary Immunity).
Imperiali Quota: A formula used in PR systems: [Votes / (Seats + 2)].
Inalienable Rights: Rights that are completely inseparable from those to whom they belong.
Indict: The formal process for bringing charges against a suspect.
Indigenous Persons: Refers to the native or aboriginal people of a place.
Inheritance: The right to receive property.
Initiate: To begin or start a particular action (e.g., the power to propose legislation).
Initiative: A means by which a petition signed by a certain minimum number of registered voters can force a public vote on a proposed statute or constitutional amendment.
Intellectual Property: Creative ideas and expressions that possess commercial value and receive legal protection (copyrights, patents, trademarks).
International Law: Deals with the relationships between states. Includes treaties and customary international law.
Interpellate: To question formally about policy or government business. A frequent feature of parliamentary systems.
Judicial Council/Commission: An independent body composed of legal experts important in the selection, discipline, and removal of judges.
Labor Courts: Specialized courts designed to decide labor disputes.
Largest Remainder Method: A PR allocation method using a quota (Hare, Droop). Seats are given for full quotas, and remaining seats go to parties with the largest remainders.
Legality: See Rechtsstaat.
Length in Words: The absolute number of words in the constitutional document.
Libel: False and malicious publications or statements for the purpose of defaming a living person.
Local/Municipal Government: Government at the level of the city, town, or village.

M - N

Majority (Alternative Vote Method): A system based on preferential voting. A candidate requires 50% + 1 of first preference votes. If not met, the lowest candidate is excluded and votes redistributed until a majority is reached.
Majority (By an unspecified method): Refers to a majority system where the specific calculation method is not defined in the constitution.
Majority (Two-Round Method): If no candidate gets a majority in the first round, a second round is held between the top candidates.
Mandatory Voting: Explicit references to compulsory voting as well as penalties for non-voting.
Meritocratic: Government by persons selected according to merit in competition.
Military Courts: Specialized courts designed to decide military cases. Typically provide fewer protections than ordinary courts.
Mixed Electoral Systems: Systems that have TWO methods of choosing members of the legislature (e.g., Germany: half single-member districts, half PR).
Money Bills: Bills regarding budget, finance, spending, or taxes.
Non-Derogable Rights: Rights that cannot be limited even in times of national emergency.
Nulla Poena Sine Lege: Literally "no penalty without a law." The legal principle that one cannot be penalised for doing something that isn’t prohibited by law.

O - P

Ombudsman: A public official appointed to investigate citizens’ complaints against local agencies and programs.
Ordinal Vote: A rank ordering of votes for either candidates or parties.
Ordinary Courts: Courts of general jurisdiction (e.g., Supreme Court, District Courts), as opposed to specialized courts.
Organic Law: Laws that regulate the functioning and structure of government, often requiring special passage procedures (Civil law tradition).
Parallel Legislation: Legislation where both houses must act simultaneously.
Pardon: The forgiveness of a crime and the penalty associated with it.
Petition: The right to submit individual or group level grievances to government.
Plebiscite: See Referendum.
Plurality: The candidate who attains the highest number of votes wins ("first past the post").
Plurality, plus distribution: Systems where officials need to win a plurality AND must have a certain level of support throughout the district (e.g., Nigeria).
Preamble: A preliminary introduction to a statute or constitution.
Preference Voting: A system in which each voter casts their vote by ranking candidates in order of preference.
Price Stability: An economy with relatively consistent values of goods and services from year to year.
Promulgation: The act of formally proclaiming new legislation to the public.
Proportional Vote (PR): Multi-winner systems which try to ensure that the proportional support gained by different groups is accurately reflected in the election result.
Propose: To put forward for consideration or action.
Public Recall: The act of removing a public official by petition by the people.
Put into Force (Date): The date in which the constitution or a law is put into effect.

Q - R

Qualified Plurality: Requires the winner to achieve a certain percent of the votes (less than 50%) in addition to having the most votes.
Quorum: The number of members of a house/committee that must be present to conduct official business.
Quota: A prescribed number (e.g., specific seats reserved for ethnic groups).
Rechtsstaat: Literally "legal state." A state where law prevails over the state; similar to the Rule of Law.
Referendum: The submission of a law to a direct vote of the people.
Religious Law: Law that originates in a religious tradition.
Remuneration: Wages and other benefits received as compensation for employment.
Repugnancy Clause: An explicit declaration in a constitution that any law contrary to a certain religion’s beliefs is void (common in Islamic constitutions).
Residual Law Maker: The person or body who has the power to make laws in domains not explicitly granted to another.
Rule of Law: See Rechtsstaat.

S

Saint Laguë Method: A divisor method for allocating seats in PR. Formula: V/(2S+1). Favors smaller parties more than d'Hondt.
Same Cohort vs. Staggered Cohorts: Same Cohort: Officials elected all at once. Staggered: Officials elected in different years (e.g., US Senate).
Secession: The act of withdrawing from an organized political body.
Second Chamber: The house of the Legislature that is either NOT elected by universal suffrage on the basis of population, or is the smaller of two houses.
Second Election Method: In a mixed system, the election method by which the fewest members are elected.
Self Determination: A principle that a people ought to be able to determine their own governmental forms free from outside influence.
Single Non-transferable Vote: Each voter casts one vote for one candidate in a multi-candidate race for multiple seats. Candidates with the most votes win.
Single Transferable Vote (STV): A preference voting system designed to minimise wasted votes. Votes are allocated to the highest ranked candidate not already elected or eliminated.
Social Contract: A hypothetical contract providing the legitimate basis of sovereignty and civil society.
Sovereignty: The exclusive right to exercise supreme authority over a geographic region or group of people.
Spending Bills: Legislation for disbursing government funds.
State of Emergency: A declaration that may suspend certain normal functions of government during natural disasters, civil unrest, or war.
Subsidiary Units: States, provinces, districts, departments, etc.
Suffrage: The civil right to vote.
Supermajority: Requires a specified percent of the vote greater than 50% to approve legislation.
Supplementary/Substitute Members: Individuals named by individual legislatures to vote in their absence.

T - U - V

Tax Bills: Legislation for gathering revenue from the citizens.
Tax Courts: Specialized courts designed to settle tax disputes and enforce tax laws.
Term Length: The length of time in years a government official serves.
Term Limit: The limit on the number of terms granted to a government official.
Testate: Refers to the right to give property freely after death.
Transitional Provisions: Provisions used for adopting the new constitution or switching from one constitution to the next.
Treaties: Binding agreements under international law concluded by states and international organizations.
Ultra-Vires Administrative Actions: Refers to the use of excess power by administrative agencies.
Veto: From Latin "I forbid." The right to unilaterally stop a piece of legislation.