Constitutional, Human Rights and Administrative Law Dictionary Welcome to the compendium of terms which relate to the most fundamental of all law: constitutional. Nowhere else have words mattered as much as nations, like their human components, once their contract struck in writing, almost instantly seek to expand and tangle its very letters, always, to give the one or the other an advantage presumably found in the spirit, if not the text of the Constitution. And on that, the courts have written what we have harvested and present herein. Aboriginal Pertaining to things or land or person or members of a race, which are indigenous to, or first occupied a specified territory. Abuse of Discretion A decision of a judicial body based on an erroneous finding of fact or conclusion of law, or an improper application of law to fact. Act A bill which has passed through the various legislative steps required for it and which has become law. Administrative Law That body of law which applies for hearings before quasi-judicial or quasi-judicial organizations such as administrative tribunals, or the underlying regulatory agency. Administrative Tribunal Hybrid adjudicating authorities which render judicial decisions. Anarchy Absence of law. Apartheid A system of racial segregation or discrimination previously in force in South Africa. Audi Alteram Partem Latin; literally 'hear the other side'. Bribery A secret payment to a public officer in exchange for preferential treatment. Capricious A judicial decision which is not based on any apparent reason. Civil Liberties Natural rights which appertain and are inherent to each person as a human being, and which are protected. Civil Rights Personal rights which civilized communities undertake, by the enactment of positive laws, to prescribe, abridge, protect, and enforce. Civil War War between elements of a national armed forces, a faction of which seeks to displace the existing government. Complete Preemption American constitutional law; the conversion of a state law cause of action into a federal claim. Conflict of Interest A personal interest that conflicts with a public or fidiciary interest. Constitution The basic law of a state which sets out how that state will be organized, the powers and authorities of government between different political units, and by stating and the basic principles of the society. Constitutional Supremacy A system of government in which the law-making freedom of parliamentary supremacy cedes to the requirements of a Constitution. Consuetudo Volentes Ducit, Lex Nolentes Trahit Customs leads the willing, law drags the unwilling. Corruption The use of public office for private gain. Coup d'etat French: an often violent, always sudden and unlawful replacement of an existing government. Crown The English Monarch, where she is the symbolic head of state. Custom The consensual regulation of human conduct and commerce by the community itself. Defence of Habitation The right to use lethal force to prevent a felony committed within a person's home. Deficient USA constitutional law: the substandard performance of an attorney. Delegatus Non Potest Delegare Latin: a delegate cannot delegate. Deliberate Indifference Ignoring a situation known to exist. Deliberative The private and candid give-and-take of a consultative or policy development process by a public agency. Deliberative Process Privilege A freedom of information exemption as regards documents or records created during and within a government agency's internal decision-making process. Democracy A form of government in which the people freely govern themselves; where the executive (or administrative) and law-making (or legislative) power is given to persons chosen by the population; the free people. Depecage (USA) The process of cutting up a case into individual issues, each subject to a separate choice-of-law analysis. Dillon's Rule A rule of judicial interpretation that a municipality may exercise only those powers expressly conferred by statute, necessarily or fairly implied by the expressed power in the statute, or essential and not merely convenient. Divine Right of Kings A doctrine of absolute right of a monarch premised on the belief that an individual's tenure as monarch was an act of God, and thus the king can set the law, or to ignore or change the law as may have been set by a representational parliament. Dual Sovereignty Doctrine A maxim of law which allows the double prosecution of a person by more than one state for the same crime, where both states have jurisdiction for the prosecution, and notwithstanding the double jeopardy rule. Eminent Domain USA: The legal power to expropriate private land for the sake of public necessity. Erga Omnes Latin: towards everyone. Executive Branch The executive branch is the administrative arm of government (and thus also called the 'administration' or the 'administrative branch of government'); the one with the most employees as it operates, implements and enforces all the laws created by the legislative branch, and as interpreted, from time to time, by the judiciary. Expressive Association A group that engages in some form of public or private expression. Federal Paramountcy A doctrine of constitutional law which gives priority to the application of a federal statute where those terms conflict with the operation of a provincial statute. Fourth Amendment US constitutional protection against unreasonable search or arrest. Freedom of Expression Freedom to communicate ideas without restraint, whether orally or in print or by other means of communication. Fruit of the Poisonous Tree Doctrine Bars the admission of physical evidence and live testimony obtained directly or indirectly through the exploitation of unconstitutional police conduct. Government Organization of law-making and law enforcement; the form and institutions by which law and order are developed and maintained in a society. Hearing The presentation of evidence before an adjudicating body as may be required for a full disclosure and challenge of alleged facts. Heckler's Veto (USA) A controversial legal position taken by law enforcement officers based on an alleged right to restrict freedom of speech where such expression may create disorder or provoke violence. Human Dignity An individual or group's sense of self-respect and self-worth, physical and psychological integrity and empowerment. Independent Source Doctrine (USA) Evidence initially discovered during an unlawful search, but later obtained independently through activities untainted by the illegality, may be admitted into evidence Indian Nomenclature selected by Canada and USA to refer to and define their aboriginal or indigenous people. Indigent A poor person; not penniless but in need and who has no financial support from any other. Ineffective Assistance In USA constitutional law, grounds for reversing a criminal law judicial determination where relevant legal advice was deficient and prejudicial. Interculturalism "A government policy regarding the relationship between a cultural majority and cultural minorities, which emphasizes integration by exchange and interaction. Interjurisdictional Immunity The purported inability of the Canadian Federal government to legislate in an area assigned by the Constitution to the Provincial government, and vice versa. Judicial Branch A branch of government; judges. Kolstad Defense (USA) A defense an employer can make in a civil rights case to defeat a claim for punitive damages. Law Rules of conduct approved and enforced by the government of and over a certain territory (eg. the 'laws' of Australia). Legalism The rigorous and ruthless adherence to the word of the law, usually combined with a policy to regulate as much as possible. Legislative Branch The elected law-making branch of government. Lobbying The attempt by special interest groups, directly or through agents, to influence the views of members of a deliberative assembly. Manumission The act of freeing a slave. Monarchy A form of government in which law-making power is given to a single person, usually holding such authority by birthright and not by merit. Multiculturalism A doctrine of state policy of active encouragement and support of the co-existence of multiple cultures within a same territory. National Interest A matter which has or could have impact upon all other members of society. Natural Justice Basic or fundamental judicial rights extended to a person with rights at issue. Negro Black-skinned inhabitants of tropical Africa or their descendants. Nemo Judex In Parte Sua Latin: no person can judge a case in which he or she is party or in which he/she has an interest. Oligarchy A form of government in which a few persons rule and govern by assuming all legislative and administrative authority. Open Fields Doctrine There is no constitutionally protected expectation of privacy in open spaces. Overriding Error A standard of appellate review, an error that must have altered the result or may well have altered the result. Parliament The aggregate or assembly of institutions that comprise the legislative apparatus of government in democratic societies. Parliamentary Supremacy A peremptory rule of constitutional law which gives the legislative branch of government to set the law, as opposed to the judicial branch (the courts). Personal Interest An interest in either the subject matter or a relationship with the parties before a judicial body. Petite Policy A policy of the US Justice Department that following a state prosecution there should be no federal prosecution for the same transaction in the absence of compelling federal interests. Pluralism A system or philosophy, which, in the name of respect for diversity, acknowledges the existence of different political opinions, moral and religious beliefs, and cultural and social behaviour. Police Power A local or regional government's authority to enforce within its limits, laws, ordinances or regulations. Policy Planning decisions of a government agency; also, an insurance contract. Political Question Doctrine A doctrine which prevents a court of law from determining issues which are essentially political; within the purview of the executive branch of government. Political Speech Expressions which comment on government action rather than the private conduct of an individual. Preemption Doctrine The superceding of any lower jurisdiction's law in the event of a law on topic extant within a higher jurisdiction. Privacy A person's right to control access to his or her personal information. Publicity The use of an individual's name, image or reputation to promote products or services. Quasi-Judicial Administrative tribunals or government officials which, in their decision-making process, are subject to the rules of natural justice. Question of Fact Questions about what actually took place between the parties. Question of Law Questions touching the scope, effect or application of a rule of law which the courts apply in determining the rights of parties. Quick Take A formal process of the exercise of eminent domain in which the government takes possession before the adjudication of compensation. Racial Profiling Targeting of individual members of a particular racial group, on the basis of the supposed propensity of the entire group. Regulation A law on some point of detail, supported by an enabling statute, and issued not by a legislative body but by an executive branch of government. Republic A form of government where the law-makers and administrators are chosen by the people and not king or queen, or chosen thereby. Revolution Rebellion, often by organized military action, but always with the support of a significant proportion of the population, aimed at the replacement of an existing government. Rex Debet Esse Sub Lege, Quia Lex Facit Regem The king should be subject to the law for the law makes the king. Rule of Law That individuals, persons and government shall submit to, obey and be regulated by law, and not arbitrary action by an individual or a group of individuals. Slavery When a person (called master) has absolute power over another (called slave) including life and liberty. Sovereignty A state's ability to legislate without legal limitation save as set by themselves and the reach of international law. Speech The expression of an idea in circumstances where it is likely that the message would be understood. State Groups of people which have acquired international recognition as an independent country and which have a population, a common language and a defined and distinct territory. Statutes The written laws approved by legislatures, parliaments or elected or appointed houses of assembly. Straight Condemnation A formal process for the exercise of eminent domain in which a price is adjudicated and then the property bought by the government. Theocracy A form of government which defers not to civil development of law, but to an interpretation of the will of a God as set out in religious scripture and authorities. Vagueness A law which lacks in precision as not to give sufficient guidance for legal debate. Find you are constantly looking up definitions? Try our search provider (works in most modern browsers) If you find an error or omission in Duhaime's Legal Dictionary, or if you have legal term suggestion, we'd love to hear from you!