POLI 330 FINAL EXAM PRACTICE QUESTIONS
WITH DETAILED SOLUTIONS 2026
◉ 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
,◉ Constitutionality on the application of the law. Answer: - const.
court may decide even if the law is constitutuional in the way it was
drafted, if they
have been unconstitutional in the way it was applied
- can issue a decision that instructs other institutions/judiciary
how to apply the law in such a way that it remains constitutional
◉ Diffuse review model. Answer: - this is in the common law system,
in the Supreme Court
(1) public hearings
(2) When the court reaches a decision, if there are disagreements
b/w the justices, these disagreements are usually noted in a public
dissent opinion
(3) the vote that the supreme court justices took to arrive at
majority opinion is
publically know- so you know whether it was a unanimous decision
or a close
decision
◉ Concentrated review model. Answer: - found in the civil law
system, in the const. court
- they deliberate behind closed doors. - rarely publish dissents,
rarely information about how the vote broke down
,◉ Why is dissent not published in the concentrated review model
found in civil law systems?. Answer: - need for clarity of decisions so
ordinary courts can know how to apply the law
- will sound more united if the const. court does not publish dissent
◉ Why is dissent useful in the diffuse review model found in
common law systems?. Answer: - provides a summary of arguments
made on the other side, in order to help lower court judges interpret
when they exercise their power of judicial review
◉ What happens after a const. court strikes down a law as
unconstitutional in the Civil Law system?. Answer: - the law is
abolished, legislative must re-write and go through the corrective
revision process
- fine balance between the legislature and the court
◉ What happens after a const. court strikes down a law as
unconstitutional in the Common Law system?. Answer: - is in the
context of a case, therefore cannot be eliminated but the law cannot
be applied in a way it has previously been applied
- Supreme Court's decision is about a particular case
◉ What kind of courts are least accessible to societal actors?.
Answer: - where only office holders have standing
, - where the courts can intervene at only one point in the legislative
process
◉ What kind of courts are most accessible to societal actors?.
Answer: - where the courts can be accessed by a whole number of
diff. actors
- where the courts can be accessed at different points in the
legislative process
- becomes a locust for societal interest
- more relevant to the political process
◉ Is the French court typical or atypical?. Answer: ATYPlCAL,
different from traditional Kelsenian model
◉ True or false: the French const. court is meant to be a fundamental
rights interpreter/watch dog. Answer: FALSE, meant to regulate
potential disputes between the legislature and executive
◉ priority preliminary ruling of
constitutionality. Answer: - In France
- judiciary's reference of a case to the constitutional court, required
for an individual's case to reach court (but treated in abstract once
there)
- individuals still don't have standing
WITH DETAILED SOLUTIONS 2026
◉ 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
,◉ Constitutionality on the application of the law. Answer: - const.
court may decide even if the law is constitutuional in the way it was
drafted, if they
have been unconstitutional in the way it was applied
- can issue a decision that instructs other institutions/judiciary
how to apply the law in such a way that it remains constitutional
◉ Diffuse review model. Answer: - this is in the common law system,
in the Supreme Court
(1) public hearings
(2) When the court reaches a decision, if there are disagreements
b/w the justices, these disagreements are usually noted in a public
dissent opinion
(3) the vote that the supreme court justices took to arrive at
majority opinion is
publically know- so you know whether it was a unanimous decision
or a close
decision
◉ Concentrated review model. Answer: - found in the civil law
system, in the const. court
- they deliberate behind closed doors. - rarely publish dissents,
rarely information about how the vote broke down
,◉ Why is dissent not published in the concentrated review model
found in civil law systems?. Answer: - need for clarity of decisions so
ordinary courts can know how to apply the law
- will sound more united if the const. court does not publish dissent
◉ Why is dissent useful in the diffuse review model found in
common law systems?. Answer: - provides a summary of arguments
made on the other side, in order to help lower court judges interpret
when they exercise their power of judicial review
◉ What happens after a const. court strikes down a law as
unconstitutional in the Civil Law system?. Answer: - the law is
abolished, legislative must re-write and go through the corrective
revision process
- fine balance between the legislature and the court
◉ What happens after a const. court strikes down a law as
unconstitutional in the Common Law system?. Answer: - is in the
context of a case, therefore cannot be eliminated but the law cannot
be applied in a way it has previously been applied
- Supreme Court's decision is about a particular case
◉ What kind of courts are least accessible to societal actors?.
Answer: - where only office holders have standing
, - where the courts can intervene at only one point in the legislative
process
◉ What kind of courts are most accessible to societal actors?.
Answer: - where the courts can be accessed by a whole number of
diff. actors
- where the courts can be accessed at different points in the
legislative process
- becomes a locust for societal interest
- more relevant to the political process
◉ Is the French court typical or atypical?. Answer: ATYPlCAL,
different from traditional Kelsenian model
◉ True or false: the French const. court is meant to be a fundamental
rights interpreter/watch dog. Answer: FALSE, meant to regulate
potential disputes between the legislature and executive
◉ priority preliminary ruling of
constitutionality. Answer: - In France
- judiciary's reference of a case to the constitutional court, required
for an individual's case to reach court (but treated in abstract once
there)
- individuals still don't have standing
