1
POLI 330 Final Exam 2026 Questions
and Answers (100% Correct Answers)
Already Graded A+
Rule of Law Ans: - modern definition comes from work by
Dicey in 1885
- equal responsibility and protection under rule of law,
© 2026 Assignment
meaning equal for all members
- gvmts should also be restrained by the rule of law
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Expert
- 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? Ans: - judicial rates, equality of litigants is seriously
compromised
What makes rule of law desireable? Ans: - 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 Ans: TRUE, all
the laws that legislation produces are codified in statutes, by
substantive (whats legal and illegal) or procedural laws (how
, 2
evidence is collected, procedures in which cases move through
the legal system).
In which system does judicial review exist? Ans: COMMON
LAW. There is judicial Review: can invalidate laws, law speaks
through them.
What is the system of law used most around the world? Ans:
CIVIL LAW is the most influential + oldest (dates back to roman
law). It's the law used MOSTLY around the world.
© 2026 Assignment
True or false: in the Common law system only the legislature
can make laws Ans: FALSE, Common law is based on
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recognition that both the legislature and the Courts make law
Expert
(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? Ans: 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? Ans: - 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 Ans: - not always a force for
progress
- undermines dem. organizing and procedures
, 3
Arguments for judicial review Ans: - 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? Ans: CIVIL
LAW, common law systems don't need to be updated, just add
the new cases
© 2026 Assignment
Common law constitutional review Ans: - diffuse and concrete
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Expert
- not only the SC, but can be exercised by any court (entire
judicial hierarchy has power of judicial review)
Kelsenian type of constitutional review Ans: - concentrated in
the const. court
- no hierarchy of institutions
Definition of Kelsenian constitutional courts Ans: - examines
the text of the law and const. in the abstract (not in context of
a particular case)
Judges in Kelsenian courts Ans: - 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? Ans:
NO, usually there is a Supreme Court at the top of the
hierarchy.
, 4
Justiciability Ans: - 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 Ans: - individuals can draft petitions and send
it to the constitutional court and argue again without
© 2026 Assignment
having been harmed themselves, that a certain law is
unconstitutional and should be stricken down
Guru01 - Stuvia
Expert
- opens up the process to everybody
Recurso de Amparo Ans: - 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 Ans: - 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 Ans: - const. court can decide on adopted
statutes that have already been promulgated
POLI 330 Final Exam 2026 Questions
and Answers (100% Correct Answers)
Already Graded A+
Rule of Law Ans: - modern definition comes from work by
Dicey in 1885
- equal responsibility and protection under rule of law,
© 2026 Assignment
meaning equal for all members
- gvmts should also be restrained by the rule of law
Guru01 - Stuvia
Expert
- 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? Ans: - judicial rates, equality of litigants is seriously
compromised
What makes rule of law desireable? Ans: - 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 Ans: TRUE, all
the laws that legislation produces are codified in statutes, by
substantive (whats legal and illegal) or procedural laws (how
, 2
evidence is collected, procedures in which cases move through
the legal system).
In which system does judicial review exist? Ans: COMMON
LAW. There is judicial Review: can invalidate laws, law speaks
through them.
What is the system of law used most around the world? Ans:
CIVIL LAW is the most influential + oldest (dates back to roman
law). It's the law used MOSTLY around the world.
© 2026 Assignment
True or false: in the Common law system only the legislature
can make laws Ans: FALSE, Common law is based on
Guru01 - Stuvia
recognition that both the legislature and the Courts make law
Expert
(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? Ans: 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? Ans: - 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 Ans: - not always a force for
progress
- undermines dem. organizing and procedures
, 3
Arguments for judicial review Ans: - 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? Ans: CIVIL
LAW, common law systems don't need to be updated, just add
the new cases
© 2026 Assignment
Common law constitutional review Ans: - diffuse and concrete
Guru01 - Stuvia
Expert
- not only the SC, but can be exercised by any court (entire
judicial hierarchy has power of judicial review)
Kelsenian type of constitutional review Ans: - concentrated in
the const. court
- no hierarchy of institutions
Definition of Kelsenian constitutional courts Ans: - examines
the text of the law and const. in the abstract (not in context of
a particular case)
Judges in Kelsenian courts Ans: - 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? Ans:
NO, usually there is a Supreme Court at the top of the
hierarchy.
, 4
Justiciability Ans: - 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 Ans: - individuals can draft petitions and send
it to the constitutional court and argue again without
© 2026 Assignment
having been harmed themselves, that a certain law is
unconstitutional and should be stricken down
Guru01 - Stuvia
Expert
- opens up the process to everybody
Recurso de Amparo Ans: - 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 Ans: - 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 Ans: - const. court can decide on adopted
statutes that have already been promulgated
