1|Page
POLI 330 Final Exam ||VERIFIED EXAM!!|| MOST
RECENT EXAM ACTUAL COMPREHENSIVE
FREQUENTLY MOST TESTED REAL EXAM
QUESTIONS AND VERIFIED SOLUTIONS | ALREADY
GRADED A+|| NEWEST EXAM!!!
In which system does judicial review exist? - Answer-
COMMON LAW. There is judicial Review: can invalidate
laws, law speaks through them.
What is the system of law used most around the world? -
Answer-CIVIL LAW is the most influential + oldest (dates
back to roman law). It's the law used MOSTLY around the
world.
True or false: in the Common law system only the
legislature can make laws - Answer-FALSE, Common law
is based on recognition that both the legislature and the
Courts make law (judges make law). Whereas Civil law is
based on the idea of legislative supremacy.
What is the basis of the Common law's argument for
judicial review? - Answer-In order to guard against tyranny
of the majority you need judicial review.
,2|Page
What is the basis for the Civil law's argument against
judicial review? - Answer-- courts = counter majoritarian
- 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 - Answer-- not always a
force for progress
- undermines dem. organizing and procedures
Arguments for judicial review - Answer-- powerful courts
can hold the other 2 branches accountable
- increase transparency
- reduces partisan conflict and pacifies politics
Which legal system needs to be constantly updated? -
Answer-CIVIL LAW, common law systems don't need to
be updated, just add the new cases
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Common law constitutional review - Answer-- 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 review - Answer--
concentrated in the const. court
- no hierarchy of institutions
Definition of Kelsenian constitutional courts - Answer--
examines the text of the law and const. in the abstract (not
in context of a particular case)
Judges in Kelsenian courts - Answer-- 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 the judicial hierarchy? -
Answer-NO, usually there is a Supreme Court at the top of
the hierarchy.
, 4|Page
Justiciability - Answer-- 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
Actio popularis - Answer-- 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
Rule of Law - Answer-- 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
POLI 330 Final Exam ||VERIFIED EXAM!!|| MOST
RECENT EXAM ACTUAL COMPREHENSIVE
FREQUENTLY MOST TESTED REAL EXAM
QUESTIONS AND VERIFIED SOLUTIONS | ALREADY
GRADED A+|| NEWEST EXAM!!!
In which system does judicial review exist? - Answer-
COMMON LAW. There is judicial Review: can invalidate
laws, law speaks through them.
What is the system of law used most around the world? -
Answer-CIVIL LAW is the most influential + oldest (dates
back to roman law). It's the law used MOSTLY around the
world.
True or false: in the Common law system only the
legislature can make laws - Answer-FALSE, Common law
is based on recognition that both the legislature and the
Courts make law (judges make law). Whereas Civil law is
based on the idea of legislative supremacy.
What is the basis of the Common law's argument for
judicial review? - Answer-In order to guard against tyranny
of the majority you need judicial review.
,2|Page
What is the basis for the Civil law's argument against
judicial review? - Answer-- courts = counter majoritarian
- 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 - Answer-- not always a
force for progress
- undermines dem. organizing and procedures
Arguments for judicial review - Answer-- powerful courts
can hold the other 2 branches accountable
- increase transparency
- reduces partisan conflict and pacifies politics
Which legal system needs to be constantly updated? -
Answer-CIVIL LAW, common law systems don't need to
be updated, just add the new cases
,3|Page
Common law constitutional review - Answer-- 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 review - Answer--
concentrated in the const. court
- no hierarchy of institutions
Definition of Kelsenian constitutional courts - Answer--
examines the text of the law and const. in the abstract (not
in context of a particular case)
Judges in Kelsenian courts - Answer-- 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 the judicial hierarchy? -
Answer-NO, usually there is a Supreme Court at the top of
the hierarchy.
, 4|Page
Justiciability - Answer-- 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
Actio popularis - Answer-- 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
Rule of Law - Answer-- 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
