POLI 330 Midterm Exam Questions and Answers (Scored A)

Judicialization of politics - ANSWER decisions and judicial processes have entered the political realm. a. Line between adjudicator and legislator has been blurred 2. At the same time there is a trend for the weaponization of law for political purposes: imposing of politics into law a. Mirror image of the above b. Insidious insertion of politics into the realm of law c. Political actors can harness the law to steer political competition process in their favor 3. Combination of the above phenomena makes it impossible to divide law and politics. a. German courts ruled that Germany can participate in NATOs Bosnia mission - this was originally seen as a constitutional question, but in actuality is political b. Courts can determine who can participate in elections, sideline political opponents in authoritarian regimes, silence the media Equal responsibility and protection under the law - ANSWER similar cases should be treated by the law in similar ways regardless of who is involved in the cases i. Different litigants enjoy the same treatment in court prospective vs. retrospective law - ANSWER b. Governments should be limited by prospective (laws that have a binding effect after they have been passed) and universal laws i. Rule of law prohibits retrospective law: law that make past acts illegal. ii. You should be able to plan your actions based on the nature of the legal environment Universal law requirement - ANSWER when laws are passed, they should in principle apply to everyone in equal measure. 1. Controversial because different laws will effect individuals differently. 2. Cannot pass a targeted law that says "person x" is now in violation of the law and must be imprisoned targeted law - ANSWER says "person x" is now in violation of the law and must be imprisoned rule by law - ANSWER authoritarian regimes sometimes have rule by law where the legislator has the unbridled power to create any laws they want Rule of law - ANSWER -Equal responsibility and protection under the law -Governments limited to prospective and universal laws -even highest lawmaking authority should not be able to trample individual citizens' rights -No prescription of extra-legal punishment -predictable and efficient implementation of the impartial laws on the booksd. Rule of law is procedural, it relates to how the written law is applied i. An objectionable law doesn't necessarily pose a threat to the rule of law. Can still exist as long as this law applies the same to everyone etc. links between rule of law and democracy - ANSWER Democracy requires the ability to compete for office, and universal ability to participate. Bothe participation and contestation, require certain rights. Rule of law is more likely to lead to respect for these rights by the state and relevant actors. c. Even if you don't are about democracy, much literature that ties rule of law to economic development →secure property rights i. If you know your property rights are secure, you are more likely to make long-term investments ii. Anyone has benefit of perceived rule of law because it facilitates investments