POLI 330 FINAL EXAM QUESTIONS AND
ANSWERS 2026
◉ 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.
◉ 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
- 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
◉ 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
ANSWERS 2026
◉ 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.
◉ 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
- 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
◉ 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
