(ANSWERED) POLI 330 FINAL EXAM

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. 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