Lecture 10/11

Question 1

Judicial activism

Answer 1

a process whereby judges are more and more wiling to enter political arena and influence public policy

Question 2

Courts and hybrid regimes

Answer 2

In between democratic and non-democratic regimes. Attempt to politicize the courts

Question 3

Constitutions

Answer 3

Most important legal documents that you can have in a country. Body of meta-norms that specifies how all other legal rules are to be produced, applied, enforced and interpreted.

Question 4

Constitutional rule (rule of law)

Answer 4

Commitment of the political community to accept the legitimacy of, and obey the rules of, the constitution

Question 5

The codified constitutions

Answer 5

• A preamble (contains the declarations of principles on the basis of which a political system should be organized)
• Organizational section (contains all the laws and rules of how political institutions relate to each other)
• Bill of right (covers individual and group rights, including access to legal redress)
• Procedures for the amendment (rigid: one that is entrenched, requiring more demanding amendment procedures. Flexible: one that can be amended more easily)

Question 6

Judiciary review

Answer 6

Allows them to override decisions and the laws produced by the government

Question 7

Ordinary judicial review

Answer 7

Decentralized (all judges), supreme court (general jurisdiction), concrete review

Question 8

Special judicial review

Answer 8

Centralized (special judges), constitutional court (special jurisdiction), abstract review

Question 9

Concrete/abstract review

Answer 9

Constitutional disputes arrive at the court. If an judge in a lower court makes a decision, then that is what it is.

Question 10

What influences power of judiciary

Answer 10

• Legal doctrine in a country
• Power of constitutional (or supreme) court
• Control of judicial appointments

Question 11

Legal doctrine in a country

Answer 11

two positions about how the judges should be operating in a political system

1. Parliamentary sovereignty: absolute and unlimited power
2. Constitutional supremacy: special set of rules needs a special level of enforcement: special judges

Question 12

3 ways judges get into their jobs

Answer 12

1. Appointed: president appoints them
2. Elected
3. Co-opted: chosen from the body of legal judges