Poli 330 exam questions and
answers 2024
Two trends connecting political science and the courts - answer 1.)
judicialization of politics
2.) weaponization of law for political purposes
what is judicialization of politics - answer it means that the law
determines your political *choices* (legal positivists)
Weaponization of law - answer Using law to steer political
competition in your favor
example of courts deciding political questions - answer -Catalonia
independence referendum
-australian courts demand of new election because of invalid
number of votes
-criminal prosecutions of political actors (like Marine Le Pen)
What can courts aid? - answer political development
What is the rule of law - answer -equal opportunity for all litigants,
laws apply equally, requires certainty/predictability so you can plan
actions, publicly progremated laws, universality of laws (often
violated!), extra-legal punishment prohibited
-meant to strive for these
What isn't the rule of law? - answer -Rule by law is different.
-rule of law and democracy are not the same
-not an institutional setup of the judiciary
,-not same thing as law and order
-not associated with a particular set of laws but about how they are
applied (procedural > substantive)
What is civil law (basic!) - answer -legislative supremacy
-constitutional review
-from a general principle they deduce decisions to a concrete case
What is codification? - answer laws on controversial issues (like
headscarves) made up by legislatures
Constitutional Review - answer -can look at laws by legislature,
decide whether they conform to the constitution, and can invalidate
that (any type of judicial review initially rejected)
What is common law (basic!) - answer -judicial review makes
judges lawmakers
-induce principles from concrete cases
Defamation law in civil vs common law countries - answer civil: try
to work through general principles and apply to concrete case (go
through civil code)
common: landmark cases decide trajectory of law (go through
specific cases like new york times versus sullivan)
Normative defense of judicial review - answer -courts check on
legislature to prevent tyranny of the majority/protect minority
rights
Normative attacks on judicial review - answer -courts counter
majoritarian/unpredictable
-judges elitist/unrepresentative
, -reduces number of political alternatives for future generations
Positive defense of judicial review - answer -courts cannot
threaten liberty of people because they are the weakest branch/do
not have power of sword or purse. only have power of their
legitimacy.
-can bolster rights of marginalized groups
-can increase transparency of executive and legislative decision
making (australian courts making cabinet release all documents at
court order)...significance of anticipation!
-moderates radical tendencies/promotes "centrism" (but this has not
really worked in the US)
Positive attacks on Judicial Review - answer -can sap progress
through regressive decisions
-undermines democratic procedures like organizing to address an
issue
-litigation costs a barrier to entry for disadvantaged groups
Roman origins in codification - answer -established differences
between civil and common law
-concrete decisions should be deduced from general principles,
which made roman law rigid
-common law more "living"
Private vs public law (basic!) - answer -public:
criminal/administrative/constitutional
-private: civil (personal injury, contracts) and commercial
(commerce)
Distinction between private vs public law via Roman law - answer -
codex contains bulk of public law
answers 2024
Two trends connecting political science and the courts - answer 1.)
judicialization of politics
2.) weaponization of law for political purposes
what is judicialization of politics - answer it means that the law
determines your political *choices* (legal positivists)
Weaponization of law - answer Using law to steer political
competition in your favor
example of courts deciding political questions - answer -Catalonia
independence referendum
-australian courts demand of new election because of invalid
number of votes
-criminal prosecutions of political actors (like Marine Le Pen)
What can courts aid? - answer political development
What is the rule of law - answer -equal opportunity for all litigants,
laws apply equally, requires certainty/predictability so you can plan
actions, publicly progremated laws, universality of laws (often
violated!), extra-legal punishment prohibited
-meant to strive for these
What isn't the rule of law? - answer -Rule by law is different.
-rule of law and democracy are not the same
-not an institutional setup of the judiciary
,-not same thing as law and order
-not associated with a particular set of laws but about how they are
applied (procedural > substantive)
What is civil law (basic!) - answer -legislative supremacy
-constitutional review
-from a general principle they deduce decisions to a concrete case
What is codification? - answer laws on controversial issues (like
headscarves) made up by legislatures
Constitutional Review - answer -can look at laws by legislature,
decide whether they conform to the constitution, and can invalidate
that (any type of judicial review initially rejected)
What is common law (basic!) - answer -judicial review makes
judges lawmakers
-induce principles from concrete cases
Defamation law in civil vs common law countries - answer civil: try
to work through general principles and apply to concrete case (go
through civil code)
common: landmark cases decide trajectory of law (go through
specific cases like new york times versus sullivan)
Normative defense of judicial review - answer -courts check on
legislature to prevent tyranny of the majority/protect minority
rights
Normative attacks on judicial review - answer -courts counter
majoritarian/unpredictable
-judges elitist/unrepresentative
, -reduces number of political alternatives for future generations
Positive defense of judicial review - answer -courts cannot
threaten liberty of people because they are the weakest branch/do
not have power of sword or purse. only have power of their
legitimacy.
-can bolster rights of marginalized groups
-can increase transparency of executive and legislative decision
making (australian courts making cabinet release all documents at
court order)...significance of anticipation!
-moderates radical tendencies/promotes "centrism" (but this has not
really worked in the US)
Positive attacks on Judicial Review - answer -can sap progress
through regressive decisions
-undermines democratic procedures like organizing to address an
issue
-litigation costs a barrier to entry for disadvantaged groups
Roman origins in codification - answer -established differences
between civil and common law
-concrete decisions should be deduced from general principles,
which made roman law rigid
-common law more "living"
Private vs public law (basic!) - answer -public:
criminal/administrative/constitutional
-private: civil (personal injury, contracts) and commercial
(commerce)
Distinction between private vs public law via Roman law - answer -
codex contains bulk of public law
