JURI 2990 Final Exam – Questions Answered With
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Terms in this set (162)
What is an 'essentially contested A normative, internally complex concept subject to
concept'? endless dispute with no single, universally accepted
definition.
What are the two categories of Formal and Substantive.
theories of the rule of law?
What is the formal theory of the rule It requires attention to the process of how laws are
of law? created and includes procedural aspects.
What is the substantive theory of the It requires formal requirements plus substantive
rule of law? values like individual rights.
What are the types of formal theories Rule by law, formal legality, democracy
of the rule of law?
What are the types of substantive individual rights and social welfare.
theories of the rule of law?
What does the 'rule by law' theory It is the most basic version where government uses
entail? law as a tool to exercise power.
What is the significance of the Magna It established that the king is not above the law and
Carta in relation to the rule of law? introduced the idea of due process, but only really
applied to nobles and not the common people, start
of rule of law
, What led to the rise of liberalism? The realization of moral pluralism and the need for
the state to be neutral on ultimate questions, arose
when capitalism did, independent autonomy begain
to matter
What is liberalism? A political philosophy centered on individual rights,
liberty, consent of the governed, and equality before
the law.
How does liberalism relate to the rule It requires the rule of law to justify state coercion
of law? while protecting individual liberties.
What did Locke argue regarding the He focused on equality in the state of nature and the
rule of law? protection of property rights.
What did Montesquieu believe was Separation of powers and the addition of a judiciary.
necessary to protect the rule of law?
What was the purpose of the To secure the public from factions and preserve the
Federalist Papers? spirit of popular good.
What is neoliberalism? The view that political and economic institutions
should be liberal and capitalist, with a limited
government.
How did industrialization challenge It shifted perceptions towards the need for positive
the understanding of the rule of law? government and bureaucratic agents.
What critique can be made about the It can lead to gridlock and empower an unelected
Constitution's approach to the rule of Supreme Court to strike down laws.
law?
What is the Liberal Dilemma? The challenge of justifying state coercion while being
committed to individual liberty.
What is the role of democracy in the Consent of the people is essential, as subjects of law
rule of law according to Rousseau? ought to be the authors.
Expert Insight
Save Groups
Terms in this set (162)
What is an 'essentially contested A normative, internally complex concept subject to
concept'? endless dispute with no single, universally accepted
definition.
What are the two categories of Formal and Substantive.
theories of the rule of law?
What is the formal theory of the rule It requires attention to the process of how laws are
of law? created and includes procedural aspects.
What is the substantive theory of the It requires formal requirements plus substantive
rule of law? values like individual rights.
What are the types of formal theories Rule by law, formal legality, democracy
of the rule of law?
What are the types of substantive individual rights and social welfare.
theories of the rule of law?
What does the 'rule by law' theory It is the most basic version where government uses
entail? law as a tool to exercise power.
What is the significance of the Magna It established that the king is not above the law and
Carta in relation to the rule of law? introduced the idea of due process, but only really
applied to nobles and not the common people, start
of rule of law
, What led to the rise of liberalism? The realization of moral pluralism and the need for
the state to be neutral on ultimate questions, arose
when capitalism did, independent autonomy begain
to matter
What is liberalism? A political philosophy centered on individual rights,
liberty, consent of the governed, and equality before
the law.
How does liberalism relate to the rule It requires the rule of law to justify state coercion
of law? while protecting individual liberties.
What did Locke argue regarding the He focused on equality in the state of nature and the
rule of law? protection of property rights.
What did Montesquieu believe was Separation of powers and the addition of a judiciary.
necessary to protect the rule of law?
What was the purpose of the To secure the public from factions and preserve the
Federalist Papers? spirit of popular good.
What is neoliberalism? The view that political and economic institutions
should be liberal and capitalist, with a limited
government.
How did industrialization challenge It shifted perceptions towards the need for positive
the understanding of the rule of law? government and bureaucratic agents.
What critique can be made about the It can lead to gridlock and empower an unelected
Constitution's approach to the rule of Supreme Court to strike down laws.
law?
What is the Liberal Dilemma? The challenge of justifying state coercion while being
committed to individual liberty.
What is the role of democracy in the Consent of the people is essential, as subjects of law
rule of law according to Rousseau? ought to be the authors.
