POLI 330 MT exam questions and
answers
Civil Law Tradition - answer - Legislative supremacy
- Legislation are codified
- More than half the countries use this system
- Judges apply the law, they don't interpret
Judicial Review - answer - The authority to examine legislation and
invalidate them if it is found to be ultra vires.
- Strongest original difference between CVL and CML.
Normative Case Against JR - answer - Courts are counter-
majoritarian
- Unaccountable
- Not electorally legitimate, thus undemocratic.
- Contradicts legislative supremacy and is thus incompatible with
CVL.
- Judges are not representative of the general will
Argument for JR - answer - Checking and balancing the other
branches of government.
- Prevents tyranny of the majority.
- Favours liberty
- Represents the underrepresented in legis.
Negative Consequences of JR - answer - JR stalls social progress.
- JR undermines democratic procedures
,- De-incentivizes social movements.
Postive Consequences of JR - answer - JR moderates radical
tendencies
- Promotes centrism by reducing partisan tensions.
- Checks and balances tyranny.
Historical Components of CVL - answer - Roman Civil law
- Canon Law (church)
- Commercial/Merchant Law
- Revolutionary Thought
- Legal Science
Corpus Juris Civillis (533 AD) - answer - Codex + Digest
Codex - answer - Specific to Roman Empire
- Public Law
- Disputes: Gov vs Citizens
- Codified legislation
Digest - answer - Substantive Law
- Private Law
- Only source of non-statue law.
- Citizen vs Citizen
5 Basic Codes of a CVL Jurisdiction - answer - Civil
- Commericial
- Civil Procedure
, - Penal
- Criminal Procedure
Judicialization of Politics - answer - Judicial means for political ends
- Judicial process entering political sphere
- Ex: Judicial Review
Weaponization of Law for Political Purpose - answer - Political
actors use the law for political advantage
- Law as means for political ends.
Rule of Law - answer - Equal responsibility and protection under
laws
- Gov should be limited by prospective public laws.
- Universal Laws
- Cannot infringe on natural rights
- Rule of Law ≠ Rule by Law
- No extra-legal punishment
- Predictable and efficient implementation of Laws.
What the Rule of Law is not? - answer ¬ Democracy
¬ Institutional set-up
¬ Law and Order
¬ Substantive Law
Rule of Law and Economic Development - answer - Ensures
property rights are stable --> limits expropriation --> country is
seen as stable --> FDI flows in
answers
Civil Law Tradition - answer - Legislative supremacy
- Legislation are codified
- More than half the countries use this system
- Judges apply the law, they don't interpret
Judicial Review - answer - The authority to examine legislation and
invalidate them if it is found to be ultra vires.
- Strongest original difference between CVL and CML.
Normative Case Against JR - answer - Courts are counter-
majoritarian
- Unaccountable
- Not electorally legitimate, thus undemocratic.
- Contradicts legislative supremacy and is thus incompatible with
CVL.
- Judges are not representative of the general will
Argument for JR - answer - Checking and balancing the other
branches of government.
- Prevents tyranny of the majority.
- Favours liberty
- Represents the underrepresented in legis.
Negative Consequences of JR - answer - JR stalls social progress.
- JR undermines democratic procedures
,- De-incentivizes social movements.
Postive Consequences of JR - answer - JR moderates radical
tendencies
- Promotes centrism by reducing partisan tensions.
- Checks and balances tyranny.
Historical Components of CVL - answer - Roman Civil law
- Canon Law (church)
- Commercial/Merchant Law
- Revolutionary Thought
- Legal Science
Corpus Juris Civillis (533 AD) - answer - Codex + Digest
Codex - answer - Specific to Roman Empire
- Public Law
- Disputes: Gov vs Citizens
- Codified legislation
Digest - answer - Substantive Law
- Private Law
- Only source of non-statue law.
- Citizen vs Citizen
5 Basic Codes of a CVL Jurisdiction - answer - Civil
- Commericial
- Civil Procedure
, - Penal
- Criminal Procedure
Judicialization of Politics - answer - Judicial means for political ends
- Judicial process entering political sphere
- Ex: Judicial Review
Weaponization of Law for Political Purpose - answer - Political
actors use the law for political advantage
- Law as means for political ends.
Rule of Law - answer - Equal responsibility and protection under
laws
- Gov should be limited by prospective public laws.
- Universal Laws
- Cannot infringe on natural rights
- Rule of Law ≠ Rule by Law
- No extra-legal punishment
- Predictable and efficient implementation of Laws.
What the Rule of Law is not? - answer ¬ Democracy
¬ Institutional set-up
¬ Law and Order
¬ Substantive Law
Rule of Law and Economic Development - answer - Ensures
property rights are stable --> limits expropriation --> country is
seen as stable --> FDI flows in
