2/11/26, 8:11 AM POLI 330 Final Exam comprehensive questions | FREQUENTLY MOST TESTED QUESTIONS AND VERIFIED SOLUTIONS @ 20…
POLI 330 Final Exam comprehensive questions |
FREQUENTLY MOST TESTED QUESTIONS AND
VERIFIED SOLUTIONS @ 2026
Save
Terms in this set (203)
Rule of Law - modern definition comes from work by Dicey in
1885
- equal responsibility and protection under rule of
law, meaning equal for all members
- gvmts should also be restrained by the rule of
law
- laws have to be prospective (apply from when
they're passed onwards), publicly promulgated
(available to the public) and universal
How can we tell how much rule of - judicial rates, equality of litigants is seriously
law there is in a given country? compromised
What makes rule of law desireable? - purported link between rule of law and justice,
social predictability is liked by both parties
- often seen as the main reason citizens for joining
a state
- greater likelihood that fundamental rights will be
respected
- facilitates economic dev.
https://quizlet.com/1142537528/poli-330-final-exam-comprehensive-questions-frequently-most-tested-questions-and-verified-solutions-2026-flash-car… 1/39
,2/11/26, 8:11 AM POLI 330 Final Exam comprehensive questions | FREQUENTLY MOST TESTED QUESTIONS AND VERIFIED SOLUTIONS @ 20…
True or false: Civil law is built on TRUE, all the laws that legislation produces are
codification codified in statutes, by substantive (whats legal and
illegal) or procedural laws (how evidence is
collected, procedures in which cases move
through the legal system).
In which system does judicial review COMMON LAW. There is judicial Review: can
exist? invalidate laws, law speaks through them.
What is the system of law used most CIVIL LAW is the most influential + oldest (dates
around the world? back to roman law). It's the law used MOSTLY
around the world.
True or false: in the Common law FALSE, Common law is based on recognition that
system only the legislature can make both the legislature and the Courts make law
laws ( judges make law). Whereas Civil law is based on
the idea of legislative supremacy.
What is the basis of the Common In order to guard against tyranny of the majority
law's argument for judicial review? you need judicial review.
What is the basis for the Civil law's - courts = counter majoritarian
argument against judicial review? - unaccountable institutions, not elected
- members of the elite, not subject to any checks
themselves
- legislature should have the biggest power in
society; laws shouldn't be controlled by the
minority ( judges)
Arguments against judicial review - not always a force for progress
- undermines dem. organizing and procedures
https://quizlet.com/1142537528/poli-330-final-exam-comprehensive-questions-frequently-most-tested-questions-and-verified-solutions-2026-flash-car… 2/39
,2/11/26, 8:11 AM POLI 330 Final Exam comprehensive questions | FREQUENTLY MOST TESTED QUESTIONS AND VERIFIED SOLUTIONS @ 20…
Arguments for judicial review - powerful courts can hold the other 2 branches
accountable
- increase transparency
- reduces partisan conflict and pacifies politics
Which legal system needs to be CIVIL LAW, common law systems don't need to be
constantly updated? updated, just add the new cases
Common law constitutional review - diffuse and concrete
- not only the SC, but can be exercised by any
court (entire judicial hierarchy has power of judicial
review)
Kelsenian type of constitutional - concentrated in the const. court
review - no hierarchy of institutions
Definition of Kelsenian constitutional - examines the text of the law and const. in the
courts abstract (not in context of a particular case)
Judges in Kelsenian courts - are scholars (not judges) good at abstract
comparisons of texts, good @ const. doctrine
- judges are in the ordinary judiciary and are
trained to only apply laws
Does the const. court sit on top of NO, usually there is a Supreme Court at the top of
the judicial hierarchy? the hierarchy.
Justiciability - who can bring cases to court, what can they be
about
- who has standing?
- governed by numerous/complicated doctrines
which vary from country to country
https://quizlet.com/1142537528/poli-330-final-exam-comprehensive-questions-frequently-most-tested-questions-and-verified-solutions-2026-flash-car… 3/39
, 2/11/26, 8:11 AM POLI 330 Final Exam comprehensive questions | FREQUENTLY MOST TESTED QUESTIONS AND VERIFIED SOLUTIONS @ 20…
Actio popularis - individuals can draft petitions and send it to the
constitutional court and argue again without
having been harmed themselves, that a certain law
is unconstitutional and should be stricken down
- opens up the process to everybody
Recurso de Amparo - option for litigants to ask to suspend a regular
case/ask for protection from laws they see as
unconstitutional
- ask const. court directly, in these cases the court
will rule directly on a case
- may rule to suspend law for the particular case
Sua Sponte power - constitutional court petitioning itself
- no one needs to be harmed by the law
- may see that many "recurso de amparo" cases
have arisen, look into the constitutionality of that
piece of legislature
A posteriori powers - const. court can decide on adopted statutes that
have already been promulgated
- all const. courts have this power
A priori powers - const. court can intervene before a bill has been
voted on, while its being discussed
- in this case, very much a legislative institution than
judiciary
Legislative omission petition - pinnacle of constitutional review power: can rule
on idea before even suggested: i.e. not having a
certain law = unconstitutional.
- this makes the const. court a positive legislator
- eg. post-communist countries
https://quizlet.com/1142537528/poli-330-final-exam-comprehensive-questions-frequently-most-tested-questions-and-verified-solutions-2026-flash-car… 4/39
POLI 330 Final Exam comprehensive questions |
FREQUENTLY MOST TESTED QUESTIONS AND
VERIFIED SOLUTIONS @ 2026
Save
Terms in this set (203)
Rule of Law - modern definition comes from work by Dicey in
1885
- equal responsibility and protection under rule of
law, meaning equal for all members
- gvmts should also be restrained by the rule of
law
- laws have to be prospective (apply from when
they're passed onwards), publicly promulgated
(available to the public) and universal
How can we tell how much rule of - judicial rates, equality of litigants is seriously
law there is in a given country? compromised
What makes rule of law desireable? - purported link between rule of law and justice,
social predictability is liked by both parties
- often seen as the main reason citizens for joining
a state
- greater likelihood that fundamental rights will be
respected
- facilitates economic dev.
https://quizlet.com/1142537528/poli-330-final-exam-comprehensive-questions-frequently-most-tested-questions-and-verified-solutions-2026-flash-car… 1/39
,2/11/26, 8:11 AM POLI 330 Final Exam comprehensive questions | FREQUENTLY MOST TESTED QUESTIONS AND VERIFIED SOLUTIONS @ 20…
True or false: Civil law is built on TRUE, all the laws that legislation produces are
codification codified in statutes, by substantive (whats legal and
illegal) or procedural laws (how evidence is
collected, procedures in which cases move
through the legal system).
In which system does judicial review COMMON LAW. There is judicial Review: can
exist? invalidate laws, law speaks through them.
What is the system of law used most CIVIL LAW is the most influential + oldest (dates
around the world? back to roman law). It's the law used MOSTLY
around the world.
True or false: in the Common law FALSE, Common law is based on recognition that
system only the legislature can make both the legislature and the Courts make law
laws ( judges make law). Whereas Civil law is based on
the idea of legislative supremacy.
What is the basis of the Common In order to guard against tyranny of the majority
law's argument for judicial review? you need judicial review.
What is the basis for the Civil law's - courts = counter majoritarian
argument against judicial review? - unaccountable institutions, not elected
- members of the elite, not subject to any checks
themselves
- legislature should have the biggest power in
society; laws shouldn't be controlled by the
minority ( judges)
Arguments against judicial review - not always a force for progress
- undermines dem. organizing and procedures
https://quizlet.com/1142537528/poli-330-final-exam-comprehensive-questions-frequently-most-tested-questions-and-verified-solutions-2026-flash-car… 2/39
,2/11/26, 8:11 AM POLI 330 Final Exam comprehensive questions | FREQUENTLY MOST TESTED QUESTIONS AND VERIFIED SOLUTIONS @ 20…
Arguments for judicial review - powerful courts can hold the other 2 branches
accountable
- increase transparency
- reduces partisan conflict and pacifies politics
Which legal system needs to be CIVIL LAW, common law systems don't need to be
constantly updated? updated, just add the new cases
Common law constitutional review - diffuse and concrete
- not only the SC, but can be exercised by any
court (entire judicial hierarchy has power of judicial
review)
Kelsenian type of constitutional - concentrated in the const. court
review - no hierarchy of institutions
Definition of Kelsenian constitutional - examines the text of the law and const. in the
courts abstract (not in context of a particular case)
Judges in Kelsenian courts - are scholars (not judges) good at abstract
comparisons of texts, good @ const. doctrine
- judges are in the ordinary judiciary and are
trained to only apply laws
Does the const. court sit on top of NO, usually there is a Supreme Court at the top of
the judicial hierarchy? the hierarchy.
Justiciability - who can bring cases to court, what can they be
about
- who has standing?
- governed by numerous/complicated doctrines
which vary from country to country
https://quizlet.com/1142537528/poli-330-final-exam-comprehensive-questions-frequently-most-tested-questions-and-verified-solutions-2026-flash-car… 3/39
, 2/11/26, 8:11 AM POLI 330 Final Exam comprehensive questions | FREQUENTLY MOST TESTED QUESTIONS AND VERIFIED SOLUTIONS @ 20…
Actio popularis - individuals can draft petitions and send it to the
constitutional court and argue again without
having been harmed themselves, that a certain law
is unconstitutional and should be stricken down
- opens up the process to everybody
Recurso de Amparo - option for litigants to ask to suspend a regular
case/ask for protection from laws they see as
unconstitutional
- ask const. court directly, in these cases the court
will rule directly on a case
- may rule to suspend law for the particular case
Sua Sponte power - constitutional court petitioning itself
- no one needs to be harmed by the law
- may see that many "recurso de amparo" cases
have arisen, look into the constitutionality of that
piece of legislature
A posteriori powers - const. court can decide on adopted statutes that
have already been promulgated
- all const. courts have this power
A priori powers - const. court can intervene before a bill has been
voted on, while its being discussed
- in this case, very much a legislative institution than
judiciary
Legislative omission petition - pinnacle of constitutional review power: can rule
on idea before even suggested: i.e. not having a
certain law = unconstitutional.
- this makes the const. court a positive legislator
- eg. post-communist countries
https://quizlet.com/1142537528/poli-330-final-exam-comprehensive-questions-frequently-most-tested-questions-and-verified-solutions-2026-flash-car… 4/39
