Deck 13: Rule of Law and Judicial Politics

Question 1

All of the following statements help to explain how the judicial appointment process supports the maintenance an independent judiciary, EXCEPT?

A) Judges are expected to have certain backgrounds and qualifications, for example, having served as law professors or appellate court judges.
B) Potential judges have typically written many previous legal decisions or law review articles, so their views are well-known, and those with extreme views can be avoided.
C) When all judges are appointed by a single party in government, they are not beholden to the next government that comes power, and therefore have greater independence.
D) Staggered appointment processes and requirements for super-majority support mean that one party or government cannot control the appointment of all judges to the high court, ensuring that court has a variety of views.

Answer 1

C

Question 2

What is a Kelsenian Court?

A) A constitutional court that is separate from the rest of the legal system and only makes decisions on constitutional issues.
B) A supreme court that it highest court in land for all issues, regardless of whether they touch on a constitutional matter.
C) A system of appellate courts that can make references to a higher court.
D) A powerful court whose purpose is to try cases surrounding political corruption.

Answer 2

A

Question 3

What is abstract constitutional review?

A) Ruling on the constitutionality of a law without any reference to a particular case or how the law has been applied.
B) Ruling on the constitutionality of a law with respect to how it has been applied in a specific instance.
C) A type of constitutional review that can only take place after a law has been in effect for a substantial length of time.
D) A type of constitutional review in which any citizen can bring a case to the court, asserting that a law is unconstitutional.

Answer 3

A

Question 4

When national law and EU law are at odds with each other, which of the following statements is TRUE?

A) National courts are prevented from raising questions about the nature of EU law and cannot consult the CJEU.
B) National law should be applied first, and EU law only if the CJEU demands it.
C) National law always supersedes EU law.
D) EU law supersedes national law in areas where EU law applies.

Question 5

Which of the following statements about the EU's infringement procedure is FALSE?

A) The Commission can send a letter of formal notice to a member state if it suspects that it is violating EU law.
B) The Commission can take a member state to the CJEU if the member state fails to act to remedy a perceived breach in EU law.
C) Under EU law, the member state must comply with the ruling of the CJEU.
D) The CJEU has no power to assess fines if a member state fails to comply with EU law.