Glossary of Constitutional Terms
Glossary of Constitutional Terms
The Glossary contains explanations for words and phrases that you may encounter or hear during
conversations on Constitutional Review Process.
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Terms
Act of Parliament
Ad hoc
Adopt
Appropriation
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Assent
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C
D
E
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Attorney-General
Bicameral
Bills
Binding referendum
Branches of state
Bylaw
Cabinet
Civil & political rights
Common law
Constitution
Constitutional conventions
Constitutional monarchy
Declaration of inconsistency
Dissolution of Parliament
Entrenched legislation
Executive, the
Federal countries
Fixed election date
General Election
Government
Head of state
House of Representatives
Institutions of the state
Judicial review
Judiciary, the
Jurisdiction
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Terms
Legislature, the
Magna Carta
Official information
Parliament
Parliamentary
supremacy/parliamentary
sovereignty
Proportional representation
Regulations
Responsible government
Rule of law
Semi-fixed election date
Separation of powers
Social, economic and cultural
rights
Sovereign, the
Sovereignty
Standing Orders of the House
State, the
Statute
Striking down legislation
Subordinate legislation
Sunset clause
Supply and Confidence
Supreme law
Term of Parliament
Territorial authorities
Unconstitutional
Unicameral
Unitary state
Unwritten constitution
Vote of No confidence
Westminster System
Written constitution
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Term
Definition
Act of Parliament
A law made by Parliament and given
assent by the President.
Ad hoc
For a particular purpose only, e.g. an ad
hoc select committee to deal with a
specific issue.
Adopt
Agree and act in accordance with a policy
or law.
Appropriation
Allocation of public money to a specific
purpose.
Assent
Final step in Parliament’s process of
making law which is carried out by the
Governor-General. Also known as
President assent.
Attorney-General
The Attorney-General is a member of the
Government. He or she is the senior law
officer of the government, with principal
responsibility for the Government’s
administration of the law.
Bicameral
Two Houses of Parliament, e.g. Britain’s
House of Commons and House of Lords.
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Bills
Laws that are introduced to Parliament but
have not yet become Acts.
Binding referendum
Opportunity for the public to decide on a
particular issue, e.g. the MMP referendum
at the 2011 General Election.
Branches of state
The different bodies that make up the
state. This includes the head of state, the
Legislature, the Executive and the
Judiciary.
Bylaw
Rule made by a local body or council
which applies in that region.
Cabinet
Collective group of decision makers
within the Government, made up of the
President/Prime Minister and Ministers.
Civil & political rights
The rights of citizens to freedom and
equality. These rights include freedom of
speech, the right to a fair trial, and the
right to vote and take part in political life.
Central to the proper functioning of a
democratic society.
Common law
Collection of decisions from the Courts
that develop the law. Creates precedents
that other decisions must follow.
Constitution
The set of rules about how we are
governed and how we live together as a
country.
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Constitutional conventions
Practices that develop over time in order
to fill certain gaps in constitutional
arrangements, but are not always written
down in the law, e.g. that the head of state
only acts on advice from Ministers.
Constitutional monarchy
The monarch is the head of state but only
acts on the advice of Ministers and cannot
make law without Parliament.
Declaration of inconsistency
Formal power allowing a Judge to say that
one piece of legislation is inconsistent
with another.
Dissolution of Parliament
The end of the Parliamentary term before
a General Election.
Entrenched legislation
Laws which are more difficult to change
than others. This could mean a large
majority in the legislature or direct public
participation to enact change e.g. a 75%
majority in Parliament or more than 50%
of voters in a referendum.
Executive, the
One of three branches of state and
includes the President/Prime Minister and
Ministers.
Federal countries
Rather than having provincial
governments which effectively administer
services for the central government, the
provincial governments have similar
lawmaking powers, e.g. Australia.
Boundaries of legal authority between
central government and regions or
provinces are generally constitutionally
defined.
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Fixed election date
General Election
Government
Where the date of the General Election is
fixed in law, meaning that an early
election cannot be called.
Voters’ opportunity to elect members of
Parliament. In many countries elections
are held every four to five years, but can
be held earlier.
The body or system through which a
country is governed. In Sierra Leone,
government consists of the President,
Minister and Ministers. They set policy
direction, propose laws to Parliament by
introducing Bills and implement the laws
Parliament passes.
Head of state
The President/chief public representative
of a country, though their functions will
differ between countries. New Zealand’s
head of state is the Queen.
House of Representatives
The single legislative chamber consisting
of democratically elected members of
Parliament.
Institutions of the state
Judicial review
The different bodies that make up the
state. In Sierra Leone this includes the
head of state, the Legislature, the
Executive and the Judiciary.
A review that takes place in the High
Court as to whether a decision made by a
public authority has been made properly.
In jurisdictions with supreme law, judges
may also review legislation and strike it
down if it is inconsistent with supreme
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law provisions.
Judiciary, the
A collective term for the Judges who work
in the Courts.
Jurisdiction
The limits within which legal authority
exists. May refer to territory which the
state controls or to the matters which the
Courts have the ability to make decisions
on.
Jurisprudence
The study, philosophy and theory of the
law.
Justiciability
The limits on whether something can or
cannot be decided on by the Courts.
Legislation
Legislature, the
Laws that have been passed by Parliament
or under the authority of Parliament. The
main sorts of legislation are Acts and
regulations. Can also describe laws that
Parliament is still considering.
An assembly with the power to make laws
for the country, e.g. Sierra Leone’s
legislature is Parliament which consists of
the House of Representatives plus the
monarch.
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Magna Carta
Official information
Parliament
Parliamentary
supremacy/parliamentary sovereignty
A charter forced upon King John of
England in the 13th century that placed
limits on the power of the ruler, for
example that no freeman could be
imprisoned and punished without trial by
their peers.
Information held by institutions and
officers of the state as well as local
authorities. Can be requested by members
of the public through the The Right to
Access Information Act, 2013 [No. 2 of
2013]
In Sierra Leone, Parliament consists of
Members of Parliaments. Parliament
makes laws and monitors the
Government.
The term used to explain that Parliament
is the most powerful law-making authority
in the state. Parliament can make laws
about anything and can revoke and
replace existing law.
Proportional representation
Parties are represented in Parliament at a
level roughly equivalent to their popular
vote in an election.
Regulations
Detailed laws that Parliament empowers
the Government to make. They can be
scrutinised by Parliament and reviewed by
the Courts.
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Responsible government
Government’s actions are scrutinised and
debated by Parliament to hold them to
account. This is essential for democratic
legitimacy.
Rule of law
Fundamental principle that all members of
society, including the government, obey
the law.
Semi-fixed election date
Separation of powers
Social, economic and cultural rights
Sovereign, the
Where the date of the General Election is
established in law, but there are some
exceptions allowing for early elections,
e.g. in the case of a Government losing a
vote of confidence.
The division of power between the main
decision making institutions. In countries
its refer to the Parliament, the Executive
and the Courts. Each has separate and
independent powers which are vital to the
functioning of responsible government.
Rights that give people social and
economic security, e.g. rights to an
adequate standard of living, to work, to
social security, to health, and to education.
Generally require the state to act to
provide the basis for these rights.
A person, collection of people or
institution of state possessing the supreme
public power.
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Sovereignty
Supreme and independent authority to
govern held by a state, e.g. Sierra Leone is
a sovereign state. Can also refer to the
supreme authority within a state, e.g. the
sovereignty of Parliament.
Standing Orders of the House
The rules by which Parliament conducts
itself day-to-day. For instance, the
Standing Orders govern the select
committee procedure and the hours that it
sits.
State, the
The combination of the Legislature
(Parliament), the Government
(President/Prime Minister, Ministers and
Government Departments) and the Courts.
Statute
Usually refers to a law passed by
Parliament.
Striking down legislation
Ability for the Courts to invalidate
legislation that is inconsistent with
supreme law.
Subordinate legislation
More detailed laws that are made by
public bodies other than Parliament, e.g.
regulations made by the Executive. These
can be scrutinized by Parliament and
reviewed by the Courts.
Sunset clause
An expiry date on legislation or parts of
legislation.
Supply and Confidence
Government needs Parliament’s
permission to spend money. Requires the
confidence and support of a majority in
Parliament. Without that support,
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government would be unstable.
Supreme law
A law that has a higher legal status than
other laws, meaning that Parliament must
only pass laws that comply with the
supreme law. The Courts would be able to
strike down inconsistent law.
Term of Parliament
The length of time that Parliament sits
before a General Election must be held.
Territorial authorities
Local government bodies, e.g. local
councils.
Unconstitutional
Legislation or government action that is
inconsistent with constitutional principles.
Unicameral
One House of Parliament.
Unitary state
Unwritten constitution
There are no separate states within a
country which can make laws for
themselves. This is the opposite of a
federal system.
A constitution which is not in a single
document. Lots of different elements set
the constitutional rules, e.g. different
statutes, court decisions, conventions and
international treaties.
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Vote of no confidence
Westminster system
Written constitution
Where a majority of MPs in Parliament
vote that they no longer support the
Government.
Democratic system of government named
after the United Kingdom’s Palace of
Westminster. Some aspects include that
the head of state and head of government
are separate, Parliament is elected,
Ministers must be MPs, and the
concentration of Executive power in the
Prime Minister and Cabinet.
Usually refers to a single document called
“the Constitution” which sets the rules for
how government operates and how people
live together as a country, e.g. the
Constitution of the United States.
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