Chapter 7: Constitutions And Courts

10 Questions

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Chapter 7: Constitutions And Courts

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Questions and Answers
  • 1. 
    What is meant by the term rule of law?
    • A. 

      Societies are best governed using laws to which everyone is equally subject

    • B. 

      Courts can give binding decisions on the application of the law

    • C. 

      Governments rule exclusively through the use of laws

    • D. 

      All the above

  • 2. 
    A codified constitution is one that  
    • A. 

      Is derived from the Roman law tradition

    • B. 

      Is set out in a single document or body of law

    • C. 

      Has been approved by the International Court of Justice (ICJ)

    • D. 

      Has been amended by the courts

  • 3. 
    What was the average age of state constitutions in 2015?
    • A. 

      17 years

    • B. 

      37 years

    • C. 

      77 years

    • D. 

      107 years

  • 4. 
    Judicial review refers to the power of
    • A. 

      Governments to override judicial decisions

    • B. 

      Courts to give binding interpretations of the constitution

    • C. 

      Courts to make emergency budgets

    • D. 

      Ombudsmen to review decisions made by civil servants

  • 5. 
    What is the difference between a supreme court and a constitutional court?
    • A. 

      The former focuses on concrete review, the latter on abstract review

    • B. 

      The former is the highest court of appeal, the latter deals with constitutional issues only

    • C. 

      Judges on the former normally serve until retirement, while on the latter they typically serve a single term

    • D. 

      All the above

  • 6. 
    What is meant by judicial restraint?
    • A. 

      Judges should retrain themselves from trying to amend constitutions

    • B. 

      Judges have become more retrained in light of growing reliance on regulation

    • C. 

      Judges should apply the letter of the law, leaving politics to elected bodies

    • D. 

      Judges are restrained by the integrity and impartiality of their positions

  • 7. 
    Which of these is the focus of the strategic model of judicial decision making? 
    • A. 

      The legal considerations involved in the case

    • B. 

      The liberal or conservative ideology of the judges

    • C. 

      The anticipated reaction of other political actors to court judgements

    • D. 

      The impact of decisions by judges on their career prospects

  • 8. 
    What is common law?
    • A. 

      Judicial rulings based on precedents created by decisions in specific cases

    • B. 

      Laws enacted by a legislature

    • C. 

      Judicial rulings founded on written legal codes

    • D. 

      Regular everyday law

  • 9. 
    In civil law systems, the decisions of judges are based on 
    • A. 

      Considering the impact of their decisions on the litigants

    • B. 

      Precedents based on decisions in previous cases

    • C. 

      Applying international legal conventions

    • D. 

      Applying written legal codes to the cases before them

  • 10. 
    How do authoritarian leaders limit judicial authority?
    • A. 

      Influencing judges indirectly through recruitment, training, evaluation and promotion

    • B. 

      Bypassing the judicial process, for example by using declarations of emergency

    • C. 

      Extending the scope of secret military courts

    • D. 

      All the above