POLI 330 Final Exam comprehensive questions | FREQUENTLY MOST
TESTED QUESTIONS AND VERIFIED SOLUTIONS
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
How can we tell how much rule of law there is in a given country? - (ANSWER)- judicial rates, equality of
litigants is seriously compromised
What makes rule of law desireable? - (ANSWER)- 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.
True or false: Civil law is built on codification - (ANSWER)TRUE, all the laws that legislation produces are
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 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.
,POLI 330 Final Exam comprehensive questions | FREQUENTLY MOST
TESTED QUESTIONS AND VERIFIED SOLUTIONS
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.
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
Common law constitutional review - (ANSWER)- diffuse and concrete
,POLI 330 Final Exam comprehensive questions | FREQUENTLY MOST
TESTED QUESTIONS AND VERIFIED SOLUTIONS
- 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.
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
, POLI 330 Final Exam comprehensive questions | FREQUENTLY MOST
TESTED QUESTIONS AND VERIFIED SOLUTIONS
Recurso de Amparo - (ANSWER)- 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 - (ANSWER)- 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 - (ANSWER)- const. court can decide on adopted statutes that have already been
promulgated
- all const. courts have this power
A priori powers - (ANSWER)- 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 - (ANSWER)- 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
TESTED QUESTIONS AND VERIFIED SOLUTIONS
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
How can we tell how much rule of law there is in a given country? - (ANSWER)- judicial rates, equality of
litigants is seriously compromised
What makes rule of law desireable? - (ANSWER)- 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.
True or false: Civil law is built on codification - (ANSWER)TRUE, all the laws that legislation produces are
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 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.
,POLI 330 Final Exam comprehensive questions | FREQUENTLY MOST
TESTED QUESTIONS AND VERIFIED SOLUTIONS
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.
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
Common law constitutional review - (ANSWER)- diffuse and concrete
,POLI 330 Final Exam comprehensive questions | FREQUENTLY MOST
TESTED QUESTIONS AND VERIFIED SOLUTIONS
- 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.
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
, POLI 330 Final Exam comprehensive questions | FREQUENTLY MOST
TESTED QUESTIONS AND VERIFIED SOLUTIONS
Recurso de Amparo - (ANSWER)- 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 - (ANSWER)- 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 - (ANSWER)- const. court can decide on adopted statutes that have already been
promulgated
- all const. courts have this power
A priori powers - (ANSWER)- 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 - (ANSWER)- 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
