Deck 9: Constitutions, Rights, and Judicial Power

Question 1

Which were the first constitutional rights to be protected by the US Supreme Court?

A) property rights
B) political rights
C) civil rights
D) political rights

Answer 1

A

Question 2

What are the main elements of a type 3 constitution? Please select all that apply.

A) The constitution is written.
B) The constitution contains a charter of rights.
C) There is a review mechanism to protect these rights.
D) The constitution contains rights with a positive character.

Answer 2

A,B,C

Question 3

What factors contribute to the extension of the court's zone of discretion? Please select all that apply.

A) The impossibility to amend rights provisions.
B) The coexistence of several review procedures.
C) A high effectiveness of its operating.
D) An extensive charter of rights.

Answer 3

A,B

Question 4

Which review procedures do you know? Please select all that apply.

A) Abstract review
B) Concrete review
C) Constitutional complaint
D) Constitutional impeachment

Question 5

What is the difference between the European and the American model of review?

A) The European model of review is often abstract while the American is fundamentally concrete.
B) The European model is centralized while the American model is strongly de-centralized.
C) The European model is much more 'judicialized' than the American model.
D) The European model rests stronger on 'global constitutionalism' than its American counterpart.

Question 6

What might be the reason to grant review authority to judges?

A) The uncertainty about the nature and content of rights.
B) To endow judges with review authority is a strategy to appease political opponents.
C) Relational contracting.
D) To endow judges with review authority is a strategy to avoid commitment problems in contracting.

Question 7

What is the difference between a court that is an 'agent' of the legislature and a court that is a 'trustee' of the legislature?

A) A trustee court has the power to govern the legislature.
B) A trustee court acts independently from the legislature.
C) A trustee court is a European type constitutional court.
D) A trustee court is an effectively working constitutional court.

Question 8

What is meant by global constitutionalism?

A) The increasing relevance of global human rights.
B) The increasing importance of constitutional courts in processes of democratization.
C) The global trend towards type 3 constitutions.
D) The common practice of constitutional courts to cite decisions of other constitutional courts.

Question 9

Do systems of constitutional justice have an influence on the broader political process?

A) Yes, but their influence depends on the frequency of political disputes brought to review, the acceptance of their decisions as well as the court's justification.
B) Yes, but their influence depends on the type of constitutional review. The possibility of abstract review procedures makes constitutional courts of the European type more effective than their American counterpart.
C) Yes, but their influence depends on the type of the authoritative constitution. Under a type 3 constitution, constitutional courts are more effective than under type 1 or 2 constitutions.
D) Empirically, there's only a very limited influence of constitutional courts on the broader political process observable.

Question 10

In which countries did constitutional courts contribute positively to the process of democratization? Please select all that apply.

A) South Africa
B) Former communist countries of Central and Eastern Europe
C) Germany
D) United States of America