Comparative Judicial Process - Study Guide


Garcia-Villegas: Three Models of Constitutions

  • Aspirational Model:     - Definition: Serves as a creative political foundation linking a nation's past and present to future goals.     - Voluntarist Nature: This model raises questions regarding the source of its authority (i.e., from whose authority does the power derive?).

  • Protective Model:     - Origin: This model stems from a fear of the abuse of power.     - The United States Constitution: Regarded as the quintessential example of a protective constitution.     - Treatment of Rights: Positive rights are typically treated as political issues rather than legal issues.

  • Restrictive Model:     - Definition: Sets strict and narrow boundaries on the operations of government.     - Limitations: It does not grant extensive or expansive positive rights to citizens.

Detailed Analysis of Aspirational Constitutions

  • Objectives:     - Maximalist Approach: Aims to create a new protective legal culture.     - Rights Assertion: Focuses on asserting positive rights.     - Judicial Leeway: Intentionally provides space for judicial activism.

  • Origins: Frequently arise during significant periods of social or political unrest.

  • Implementation Gap: Often characterized by a stark disparity between stated constitutional goals and the actual social or political reality.

  • Primary Benefit: Functions as a catalyst that keeps the population focused on progress.

  • Associated Risks:     - Exaggerated Hopes: May lead to unrealistic expectations among citizens.     - Inconsistency: Can cause a decrease in legal consistency.     - Weakened Rule of Law: May lead to an "almost permanent condition of legal reformism."

  • External Factors for Success:     - State of armed conflict.     - Political structure and levels of cronyism.     - Levels of social inequality.     - The global context.     - Implementation quality, influenced by economics, military authority, and government centralization.

  • Impact on Judiciary:     - Aspirational Constitutions: Lead to higher levels of judicial activism and broader judicial discretion.     - Protective Constitutions: Lead to a more restrained judicial role, focusing on limiting government expansion rather than expanding rights.

Factors Determining Judicial Legitimacy

  • Expertise & Merit: The specialized knowledge of judges and the merit-based criteria of their appointments.

  • Transparency vs. Opacity: The degree to which judicial processes are open to public scrutiny.

  • Representation: The extent to which the judiciary reflects the demographic makeup of society.

  • Institutional Support: Backing received from other government branches and the general public.

  • Certainty & Consistency: The predictability of legal outcomes.

  • Judicial Discretion: The degree of freedom judges possess in interpreting the law.

  • Technocratic Decision-Making: Apolitical decision-making based on technical expertise.

  • Persuasiveness: The power of judicial opinions and their associated commentary.

  • Transparency of Dissent: The openness of the court regarding differing judicial views.

  • Judicial Activism vs. Limitations: The extent of the court’s intervention in social or political spheres.

Components of American Legal Opinions

  • Parties: The specific entities involved in the legal dispute.

  • Facts: The underlying events that led to the case.

  • Procedural History: A chronological record of the case's progress through lower courts.

  • Judgment: The final decision reached by the court.

  • Holding: The specific legal principle or rule applied to the facts of the case.

  • Dicta (Obiter Dicta): Remarks or observations not essential to the decision, which do not constitute binding precedent.

  • Concurrences: Separate opinions that agree with the court's result but for different legal reasons.

  • Dissents: Separate opinions that disagree entirely with the court's result.

Sources of Legitimacy: USA vs. France

  • American Courts:     - Derive legitimacy through the appellate process, the structure of opinions, and the persuasiveness of reasoning.     - Utilize judicial activism within established bounds.     - Judges can effectively "make law" through precedent and common law sources.

  • European Court of Justice (ECJ) Shortcomings:     - Low transparency due to a lack of dissents or concurrences.     - Collective voice often obscures the underlying reasoning.     - Modeled on the French civil law tradition, falling short of discursive framing standards.

Fields of Comparative Study

  • Comparative Law: Focuses on understanding the distinctions between court systems, legal processes, and legal models.

  • Comparative Judicial Behavior: Focuses on understanding why judges act and decide as they do, examining motivations, ramifications, and attitudinal models.

Models of Judicial Behavior

  • Attitudinal Model: Posits that judges decide cases based on their personal ideological beliefs; more applicable to apex courts than lower courts.

  • Rational Choice Model: Focuses on the maximization of preferences.

  • Strategic Model (Interdependency): Examines how actors affect judicial behavior; judges are forward-thinking and consider others' preferences to achieve goals.

  • Identity Model: Suggests a judge's background and personal identity influence their decision-making.

  • "Thinking Fast" Model: Examines the cognitive speed of judicial decisions.

  • Legal Model: Decisions are driven by formal structures, text, canons of construction, and precedent.

Strategic Accounts of Judicial Behavior (Epstein & Weinshall)

  • Goal Orientation: Judges act intentionally to reach specific policy or personal goals.

  • Strategic/Interdependent Decision-Making: Judges must consider the preferences and likely actions of other relevant actors.

  • Institutional Structure: Institutions structure the interactions between judges and other actors.

  • Preference Maximization: All else being equal, judges decide cases to maximize preferences across policy, institutional, personal, and doctrinal goals. Ideology is a key variable but can be constrained by the institution or external pressure.

Characteristics of Apex Courts

  • Political Perception: Perceived as more political because they control their own dockets and hear high-stakes cases.

  • Discretion: Greater discretion in case selection compared to lower courts.

  • Policy Implications: Decisions have much broader policy implications.

  • Forward-Thinking: Judges act to build institutional respect over time.

Conventional Models of Rights Expansion

  • Constitutional Guarantees: Rights flow from documents like the Bill of Rights. Problem: The text of the Bill of Rights has barely changed, yet Civil Rights/Civil Liberties (CRCL) cases increased from 9%9\% in 1933 to 65%65\% of the SCOTUS docket by 1971.

  • Judicial Leadership: Supportive judges use docket control to expand rights. Problem: Docket control alone doesn't explain systemic shifts. The SC gained control in 1925; mandatory caseload dropped from 40%40\% in 1924 to 15%15\% in 1930.

  • Culture & Rights Culture: Judges are shaped by cultural expectations. Problem: Cultural consciousness does not provide the litigation funding or infrastructure needed for a revolution.

Epp's Support Structure Theory

  • Core Components: Rights consciousness + Bill of Rights + Judicial supports + Support structures.

  • Support Structures: The most critical component, requiring:     - Widespread and sustained litigation.     - Resources provided by organized supporters.     - Institutional actors (NGOs, Justice Department, amici briefs).     - A diverse and adversarial legal community.     - A symbiotic relationship between judicial activities and interest groups (e.g., more law schools, lawyers, and federal legal services).

  • Historical Shift: Litigation moved from business-centered issues to individual rights; lawyer placement shifted toward public interest work.

Analytical Framework for Constitutional Courts

  • Court Profile: Role, makeup, and activity levels.

  • Independence: How the court exhibits independence in relation to the legislature, executive, and public.

  • Access: Access to justice and structural support elements.

  • Moments: "Political opportunity structures" and "constitutional moments."

National Case Studies

  • Colombia (1991 Constitution):     - Catalyst: Intrastate violence.     - Actio Popularis: Since 1910, citizens can challenge government actions broadly.     - Accion de Tutela: A writ of protection allowing any individual to bring a claim for immediate rights protection.     - Selection: Judges selected by the Senate from lists by the SC, Council of State, and President for non-renewable 8-year terms.     - Outcome: High judicial activism due to a large lawyer population and a flawed political system.

  • Costa Rica (Sala IV, 1989):     - Origin: Triggered by corruption concerns and economic fears.     - Structure: Specialized constitutional chamber within the Supreme Court.     - Power: Issues binding/unappealable rulings; automatic renewal for judges unless blocked by a 2/32/3 legislative majority.     - Shift: Power moved from the legislature to litigants and minority groups.

  • Mexico:     - Role: Acted as an "arbiter of political conflicts" but did not achieve a full rights revolution.     - Reform (1994 & 1996): Created the Federal Council of the Judiciary and Electoral Tribunal.     - Review: Constitutional review is more accessible to government actors than individuals.

Overarching Trends in Judicialization

  • Power-Rights Paradox: More judicial power does not always equal more individual rights, though it usually reduces the power of other branches.

  • Regime Legitimacy: Strongly tied to the judicialization of politics.

  • Social Movement Shopping: Groups seek the most favorable domestic or international venue.

  • NGO Role: Cross-border observations and resources play a transnational role.

Civil Law vs. Common Law Systems

  • Civil Law:     - Priority: Statutory law over case law.     - Judge Role: Inquisitorial (asks questions, calls witnesses, appoints experts).     - Review: De novo appellate review.     - Evidence: No formal code; evidence shared freely; trial is an ongoing series of events.     - Limitations: Defense generally cannot call or question witnesses.

  • Common Law:     - Priority: Case law and binding precedent.     - Judge Role: Adversarial system.     - Review: Appellate review generally on legal questions only.     - Trial: Unified, single event with formal rules of evidence.     - Defense: Full ability to call and cross-examine witnesses.

The French Legal System

  • Sources of Law:     - Civil Code: Positive law at its finest; the only pure source.     - Jurisprudence: Judges establish norms through opinions but cannot formally "make law."     - Academic Doctrine: Scholarly analysis that carries significant persuasive weight.

  • Apex Court Structure:     - Cour de Cassation: Private law (civil and criminal); approx. 100 judges; hears ~30,000 cases/year across 6 chambers.     - Conseil d'Etat: Handles administrative cases between the state and private actors.     - Conseil Constitutionnel: Conducts judicial review of legislative actions.

  • Style and Personnel:     - Opinions are short, single-sentence determinations without dissents (collective voice).     - Judges (magistrats) are career judges from the start, trained at the French judicial school.     - Only 86 attorneys are authorized to argue before the civil/administrative apex courts.

Shetreet's Fundamental Values and Principles

  • Values: Procedural fairness, Efficiency, Accessibility, Public confidence, and Independence.

  • Types of Independence: Internal, Adjudicative, Administrative, Personal (pay/tenure), Substantive (freedom to decide), and Institutional/Collective.

  • Six Principles:     1. No ad hoc tribunals.     2. No jurisdiction stripping.     3. Standard-judge principle.     4. Post-decisional independence.     5. Administrative separation from the executive.     6. Non-retroactivity of judicial term changes.

Vanberg: Maintaining Judicial Independence

  • Double-Edged Sword: Politicians must tolerate undesirable judicial outcomes to get the benefits of stability.

  • Maintenance Formulas:     - B−C>0B - C > 0: Independence maintained (Benefits exceed Costs).     - If B−C<0B - C < 0 but D≥C−BD \ge C - B: Independence maintained (Deterrents offset net loss).     - If B−C<0B - C < 0 and D<C−BD < C - B: Independence unlikely to be maintained.

  • Benefits at Origin: Consistency, "passing the buck," and support in contested environments.

International Standards & Accountability

  • IBA Minimum Standards: Executive cannot remove judges; legislature may only remove on the judiciary's recommendation; court size must be rigid.

  • Accountability:     - Vertical: Citizens replacing representatives via elections.     - Horizontal (O'Donnell): State agencies overseeing and checking each other.

  • John Ely: Argues courts should clear paths for political change rather than imposing their own values.

Chilean Courts and the Pinochet Regime

  • Compliance Reasons:     - Attitudinal: Justices favored the 1973 coup.     - Class-based: Fear for job security among non-elite judges.     - Legal Positivism: A self-imposed formalistic role identifying as "apolitical."     - Institutional: Regime allowed the judiciary to purge its own members.

  • Key Facts: Military tried civilians at a 4:14:1 ratio; SC refused oversight; only 30 of 90,000 amparo (habeas corpus) actions survived; the 1980 Constitution codified junta principles.

Foundations of International Law

  • Positive Law: Expressed through treaty law.

  • Customary Law: Requires (1) evidence of consensus and (2) opinio juris (belief of legal obligation).

  • Structure:     - Dualism: National and international law are separate.     - Monism: National and international law are an interlocking system.

  • ICJ Statute Art. 38: Sources include treaties, international custom, general principles, and subsidiary judicial decisions.

The International Court of Justice (ICJ)

  • Structure: Established in 1945; 15 judges with 9-year terms; 5 elected every 3 years.

  • Jurisdiction: State-to-state only; requires party consent (Art. 36). Only 74 states accept compulsory jurisdiction.

  • Functions:     - Advisory Opinions: No state consent required; available to UN organs.     - Contentious Cases: Binding only on parties in the specific dispute; no appeal; enforcement depends on the UNSC.

  • Key Cases:     - Barcelona Traction (1970): Introduced erga omnes obligations.     - Nicaragua v. US (1986): US violated sovereignty; US refused to pay and UNSC blocked enforcement.     - Nuclear Weapons Advisory Opinion (1996): No definitive ruling on extreme self-defense exceptions.

Judicial Trilemma (Runoff & Pollack)

  • Concept: A court can only maximize 2 of 3 values: Judicial Independence, Judicial Accountability, and Judicial Transparency.

  • ICJ Position: High transparency and high accountability, which may threaten independence (judges vote with home states 85−90%85-90\% of the time).

The Court of Justice of the European Union (CJEU)

  • Structure: ECJ (apex, 27 judges) and General Court (lower, \ge 47 judges); at least 8 Advocates-General (AGs).

  • Foundational Doctrines:     - Supremacy (Costa v. ENL): EU law prevails over national law.     - Sincere Cooperation: States must meet treaty obligations.     - Judicial Autonomy: Member states must use the CJEU for disputes.

  • Functions: Preliminary rulings are the most important mechanism for EU policymaking.

  • Transparency: No dissents or concurrences; collective voice.

Human Rights Systems (OAS & IACHR)

  • OAS: 35 member states; Commission (IACHR) seated in Washington DC.

  • IACHR Court: Established 1979 in San Jose; 7 part-time judges; standing is restrictive (victims must be named).

  • Compliance Paradox: IACHR has lower compliance than ECHR because it requires complex institutional reforms rather than just monetary reparations.

  • Backlash: Extraordinary motivated rejection of a court's authority (e.g., Venezuela's withdrawal from the ACHR in 2008).

International Criminal Law and Tribunals

  • Principles of LOAC: Distinction, Proportionality, Necessity, and No Unnecessary Suffering.

  • Ad Hoc Tribunals: ICTY (Yugoslavia) and ICTR (Rwanda) established by UNSC; hold primacy over national courts.

  • International Criminal Court (ICC):     - Permanent court at The Hague; works on the Complementarity Principle.     - Crimes (Art. 5-8): Genocide, Crimes against Humanity, War Crimes, and Crime of Aggression.     - Notable Indictments: Vladimir Putin (2023), Benjamin Netanyahu (2024), and Rodrigo Duterte (2025).

  • Scholarly Views: Gary Bass warns of "victor's justice" risk; Baroni highlights the roles of truth-seeking and individualization of guilt to prevent collective blame.

Match the type of constitution to the most appropriate definition



Reductive constitution: this isn’t a real type of constitution in our readings



Restrictive constitution; established only when the government believes that social rights can be effectively protected because there are dedicated resources



Protective constitution: a document reflecting an effort to secure the present and codify past abuses that are presumably overcome



Aspirational constitution; a political creative and foundational document that connects the origins of a society to its future



Which of the following is not indicative of aspirational constitution?



C: considered essentialist in nature



W: stems from maximalist goals, used codify or alter a current political reality often there is a significant gap between the constitutions goals and the other political reality at the time of establishment




Courts will generally have license to be more activist in the rulings under protective constitution



C ; false



According to Mitchell Lasser, author be assigned chapter on judicial deliberations the French judicial systems lack of representative connection to the broader society is a net benefit towards its legitimacy



C: false



According to garcia Villegas, the United States has an aspirational constitution



C: false



According to garcia Villegas , the establishment of an aspirational constitution creates the conditions for social change, regardless of external factors implementism 



C: false



According to Mitchell Lasser, which of the following factors may affect judicial legitimacy



C; representation, expertise, institutional support, merit



W: a good army



As it relates to the style of the ECG’s opinion writing, which of the following reasons does not negatively affect the courts ability to build legitimacy?



C: the court regularly issues opinions, inconsistent with public opinion



F: the court lacks representative connections due to the selection of judges, the courts opinion, writing style fall, somewhere in between the American argumentative style and the French syllogism style



According to Mitchell Lasser, what role does a variation of written opinions playing providing the French courts with legitimacy?



C: this process allows the French course to speak with one voice, this process allows the court to decide without the pressure of public persuasion



W: this process allows the court system to keep the public from understanding the impetus for judicial rulings 



According to garcia Villagas, countries that enact aspirational constitutions generally see a start gap between political realities and the goals exposed in the document



C: true 




According to garcia Villagas, what is the prevalent view across the world for the purpose of countries establishing constitutions?



C: to protect civilians and limit potential abuses



W: to copy the US system of governance, to set philosophical, , legal, and political constraints on on government, to thrive towards social progress






MODULE 2 :



What is a potential benefit of being the chief justice of the US?



C : authority to dole out opinion assignments



W: authority to decide who can submit an amicus brief, authority to set up appellate panels, authority to unilaterally decide cases sometimes



Comparative judicial behavior strives to understand distinctions between court system systems



C : true 



According to legal models, following prior, caselaw can be either a constraint or a preference



C : true 



Virtually all studies that measure partisanship or ideology of judges show that such factors play a role in judicial decision-making



C: true 



Are courts more effective when interdependency or independence is more relevant to judicial behavior?



Courts are more effective when judges extra strategically to responding to outside opinion, or enter the dependence due to how he creates legitimacy, compliance, and respect to public opinion because the people should have a voice as well. This may even mean to uphold precedent they dislike. This account for doctrinal minimalism where they decide cases cautiously as possible, which is relevant because they based decisions on the case specific facts to reduce the risk of error, develop law, incrementally, and maintain institutional stability, which is common in cases that are politically sensitive/controversial areas with social disagreement and periods of institutional uncertainty. Interdependent strategies allows courts to exercise power without provoking resistance that can undermine their authority and decisions will stick.



Why is discretion so important for judges in deciding case cases?



C: it provides flexibility for judges to accept cases based on personal preferences



W: it provides jurisdiction, it provides flexibility to accept cases based on clerk availability, it provides the capacity to decide obligatory cases




Many judges think that they can ____ their personal preferences in favor of legalisms



C: suppress




A country’s , Apex court decides to accept a case on appeal for review that justification below to the appropriate model discussed in this weeks readings



Attitudinal model : personal preference on the case outcomes



Legal model: jurisprudential philosophy, suggesting that prior cases, statues or other sources of law should be decided in a particular manner



Strategic model: desired case outcome preferences of a countrys executive



Rational choice model: personal desire to get ahead



Labor market model: a preference to be home by 5 PM





Legalism as opposed to attitudinalism  suggest that the law is



C: complete



W: tied to ethics, outdated, incomplete




Judicial strategies to enhance legitimacy often to connect to court to



C: the public

 

W: stare decisis, historical figures, community elites




Studies of judicial behavior have typically focused on



C: longtime democracies, western countries, authoritarian regimes, developing democracies 




When concerned about pressure and restraints, judges must be particularly mindful of which of the following actors when rendering legal decisions



C; higher level, judges, political actors, and peer courts



W: the public



Which model of judicial behavior is most appropriate lens viewing  judges, decisions and why



As a judges incentive and ideologies heavily considered into influencing their decisions, I would say the rational model as its strategic with their ideological goals, along with expecting constraints and reactions from other judges, political institutions in the public judges, want to ensure compliance and legitimacy in this model integrate judges policy preferences with the constraint of law




Evidence suggest that lower level courts act more politically than Apex courts



C: false 




MODULE 3: 



Explain the support structure theory through examples and first amendment caselaw in the evolution of rights in American history from 1850 to 2000




Support structure theory argues at constitutional rights do not expand just because judges have new ideas. Rughts grow when there is a support structure for legal mobilization. in the start of the 1850s, there was a week support structure in a minimal enforcement of rights. This shows as after the 14th amendment courts were reluctant to protect rights during World War I. Speech was strongly restricted, but it was the beginning of speech doctrine as a support structure was emerging. There was a growth of labor movements in the 1950s during the civil rights era. There was a massive legal mobilization as the NAACP built a national litigation strategy with funding and a vision an example is brown V Board of Education, which overturn school segregation, pushing the 2000s rights have been institutionalized with permanent support structures like media, legal defense funds women’s rights, groups, and LGBTQ rights organizations it is now well funded and rights expansion be became more consistent



There was a critical constitutional moment that quickly led to the development of the US rights revolution



C: false



What led individual Americans not to press for political rights?



There was a structural social legal and psychological barriers that led Americans not pressed for political rights. For example, the 14th amendment was interpreted, narrowly by courts for decades and citizens did not believe courts would protect them from state abuses. There was labor crackdowns, and Jim Crow enforcement, which could lead to arrest job loss and violence. Also woman were unable to vote until 1920 and rights enforcement requires protection from retaliation as well



The adverse nature of America’s lawyers contributed to the US rights revolution



C: true



The rights revolution in the United States occurred within the same timeframe for many significant issues to include first amendment law, civil rights law, and women’s rights



C: true 



According to the structural support model, which of the following factors were important in the development of pro rights case law?



C: a diversified, professional legal culture, the organizational structure and resources provided by groups like the ACLUNAACP in Ford foundation, increase docket discretion for the US Supreme Court



W: the Bill of Rights, overwhelmingly liberal Supreme Court justices



Which of the following are indicative of the communities judicialization of politics?



C: rights activist flock to courts rather than legislature to accomplish their goals, courts risk politicization of their decisions, rights activist have less need to develop collations to accomplish goals



W: legislature develop more formalized proceedings



Politics of the federal government during the 20th century significantly affected the Supreme Court docket and agenda



C: true



The constitution centered explanation for rights revolutions argues



C:  developing a constitution with individual rights foundations in judicial independence are necessary for enforcing individual rights



W: developing a constitution with individual rights foundations as necessary and sufficient for enforcing individual rights, developing a constitution with individual rights foundations and structural support are necessary for enforcing individual rights, developing a constitution with individual rights, foundations and sufficient cultural norms are necessary for enforcing individual rights



In the judge centered explanation for rights revolutions which of the following factors must develop for a rights revolution to occur?



C: supportive judges, control over dockets



W: strong support organizations, and increase in individual rights cases being brought before courts



In the culture centered explanation for rights revolutions which of the following factors are true?



C: judges within a society will be shaped by the rights focus culture in the same way as society generally, judges will be hesitant to rule against pro rights arguments for the fear of public response, a society’s cultural preferences for rights will influence judges to protect individual liberties



W: judges will be hesitant to rule against pro right arguments for fear of litigants  against moving to the legislature for resolution, rights talk is sufficient to develop a critical pro rights culture



In the constitution centered explanation of a rights, revolution, individual rights enshrined in a constitution for example, a bill of rights can develop a  rights embrace in popular culture



C; true



Which of the following factors led to an increase in individual rights cases being litigated in the courts after World War II



C: a democratic deficit tied to bureaucratic agency rulemaking



W: a deficit in the number of pieces of legislation focus individual rights in Congress, public service, and announcements by the Supreme Court, signaling an interest in addressing individual rights cases, the Supreme Court decision in Schneck v United States




MODULE 4: 



In Mexico, a successful ruling in an amparo suit has a broad effect on all courts deciding similar issues rather than a narrow holding only on the case before a court.

C: false 

The  Sala Constitutional (Sala IV) was created due in part to which of the following

reasons?



C: corruption

W : a backlash to centralized executive power, harms caused by a regional pandemic, high rates of immigration 



Judilicatizon of politics consistently leads to an increase in individual rights.

False 



Judicial  review has been part of the Colombian judicial system since the

___ Century.

Nineteenth 



Creation of the Sala IV in Costa Rica led to which group(s) increasing power?

C: minority groups

W: international corporations

the legislative branch and political parties

religious institutions



Intrastate violence played a significant component in Colombia's "constitutional

moment," leading to the 1991 constitution. and what trend?

C: increased judicialization of politics



W: decreased judicial independence

military junta

political stability



Mexican  reforms in the 1990s led to which changes in the Court's relationships to

others?

C: decreased control over the national judiciary by the Court

increased horizontal accountability on political matters for the Court

increased judicial independence compared to the political branches



W: decreased responsibility for checking the executive



In  which of the following substantive areas of law did the constitutional reforms of 1996 lead to the most prominent increase in judicial involvement?



C : election issues

W: Free speech 

commercial law

criminal procedure

Which characteristic of the Sala IV rulings are particularly beneficial for judicial independence?

W: they are automatically persuasive to all

Costa Rican courts

they are considered before the Organization of American States

they do not require legislative input

C : they cannot be appealed



Which  of the following international agreéments contributed to Mexico's

embrace of "rule of law" in the latter decades of the 20th Century?

The Treaty of Westphalia

The International Covenant on Civil and Political Rights

The United Nations Charter

C : the North American Free Trade Agreement (NAFTA)

The Geneva Conventions



When  judges obtain more review power over over branches of government, this is considered



C : horizontal

W: to be an increase in accountability.

vertical

societal

directional

After  the 1991 Constitution, Cólombia's system for selecting judges provided

that they be chosen by the Senate from a list provided by which bodies?

(Select all that apply)

C : The President

C: The Supreme Court

W: A collection of dispersed judges from around the country selected by the

Senate

C: The Council of State



In  Mexico, which of the following became the primary vehicle for civilians to

bring individual rights challenges into court?

C : Amparo suit

W: Actio popularis

Recurso de protección

Habeas corpus

In Colombia, which of the following is the primary  vehicle for a citizen to

challenge constitutional issues?

Actio popularis

C: Accion de tutela

Writ of mandamus

Amparo suit

Writ of habeas corpus



MODULE 5: 

False

How  are French judicial decisions typically composed,according to the assigned reading?

often including dissenting-opinions

with signed individual judge opinions

reflecting personal interpretive views

C: In the third person singular, representing the court as a singular entity



What core principle of the UK's unwritten constitution meant that the Habeas

Corpus Act could be modified or set aside by Parliament through standard

legislative processes?

Your Answer:

The main reason why Hlabeas Corpus Act could be modfied or set aside by

Parliament is through the UK's uncodfied constitution. One of the core principles is

parliamentary soverignty as Parliament can make any law. The UK also has no

written constituiton and it is very flexible and rights can be expanded or restricted

by a majority Parliament vote.



Which legislative rules, passed during the French Revolution,established the official

judicial role? Select all that apply.

C : courts cannot use in any way the legislative power

judges are forbidden from making law in cases

Judicial authority only pertains to the case before the court

W: judges must publish detailed explanations of their legal reasoning



French judges (magistrats) are typically former practicing lawyers who are

appointed or electèd to the bench by politicians.

False 

Which of the following statement describe the UK's constitutional arrangements?

Select all that apply.

W: It is a single, coherent code of fundamental law that prevails over all others

C : There is a reliance on a combination of statutes, conventions,and judicial decisions

It is quite flexible

The arrangements have developed pragmatically over time



The private discussions (conclusions and rapports) of the French magistrats are

routinely published and easily accessible to the-public.

False 

According to traditional American accounts, what is the primary characteristic of the French civil judicial system?

reliance on extensive case law

judicial pragmatism

C: formalist mechanical application of codified law

deliberative debates on equity and fairness



Describe the type and purpose of analysis that appears alongside judicial decisions

in French case reports. What is the purpose of this additional analysis?

Your Answer:

In the French legal system, caswN reports typically include doctrinal analysis

alongside judicial decisions. The purpose of additional analysis is clarified legal

reasoning,practical use for attorneys, and guide the pratical application of codified

law.

。Which of the following characteristics most accurately describes the French legal system?

transparent

pragmatic

informal

C: state-developed



The legal origins of the writ of habeas corpus can be traced to English common

law.

True

What assumptions do modern French doctrinal scholars generally agree upon regarding

the French legal system? Select all that apply.

Judges must make effective case law

French judges must strictly avoid any form of internaI policy debate

C: Legal codes contain inherent gaps requiring judgments in application

C: The judiciary has an essential role in establishing legal norms



Which characteristics differentiate Prime Minister Churchill's approach to

internment compared to President Roosevelt's as the wvar progressed? (Select all

that apply)

W: Roosevelt delayed closing camps until after an election for political reasons

C: Churchill eventually pushed for the repeal of detention regulations

C: Roosevelt ignored his advisers' counsel that detention was unconistitutional

C: Chúrchill began to view detentions as contrary to the British spirit



What is considered the "pure source of law" in the French legal system?

Academic doctrine

Judicial precedent (jurisprudence)

Opinions of the Advocate General

C: The Civil Code



The Habeas Corpus Act of 1679 was considered absolute and contained specific

clauses that made it impossible for Parliament to set aside its protections during

times of war or invasion.



False

MODULE 7: 

 Empirical studies demonstrate that ICJ judges, particularly ad hoc judges,rule for their home countries less than 10% of the time.

False



The ICJ's final ruling in the Nuclear Weapons (1996) advisory opinion

definitively decided that the use of nuclear weapons is unlawful in any

circumstance due to its inconsistency with the law of armed conflict.



False



What  do Dunoff and Pollack argue is a challenge in developing

international courts?

C : international courts can, at most, maximize two of the three values of judicial

accountability, independence, and transparency 



transparency is the only value that can be fully realized without trade-offs

judges must always be loyal to their sponsor countries to be seenas legitimate

international courts must maximize state sovereignty over other judicial values



States and actors involved in developing international courts are the only ones who

should be concerned with the "judicial trilemma" because judges play no part in that

analysis.



False



Which of the following elements are necessary for a position, principle,

or norm to be recognized as customary international law?

A majority vote by both the UN General Assembly and the UN Security

Council

C: consistent state practice (as evidenced by factors such as duration)

C : Evidence of a belief in that position, principle, or norm based on legal

obligation



In Barcelona Traction,Light & Power Company,Ltd. (1970), the ICJ rulec that Belgium

lacked standing to sue Spain on behalf of Belgian shareholders.What broader

implication did this narrow ruling have?

It proved that a country's laws could supersede international law

C: The Court limited the amount of potential challenges a state could receive

for taking.action against a,multinational corporation with diverse

shareholders

It limited the standing to sue held by multinational corporations

The Court recognized broader implications for state responsibility

through the doctrine of obligations erga omnes



In the Military and Paramilitary Activities in and Against Nicaragua

(1986) case, the United States fully participated in all stages of the

litigation but objected to compliance with the Court's recommendations

False



Which of the following is most applicable to the concept of judicial

accountability in international courts?

C: structural checks such as reappointment and reelection processes

W ; obligations of international judges to report their finances to the United

Nations

the requirement for judges to be free from influence

the ability of general public populations to vote for international judges



How  are states increasingly using the ICJas a means of litigation strategy?

As a purely objective forum completely detached from international politics 



As a method for multinational corporations to sue sovereign states for

financial losses

As a direct pipeline to authorize UN military interventions

C: As part of-a strategy to shape political narratives and create diplomatic

pressure



When  issuing rulings, the International Court of Justice does not consider

equitable resolutions among the parties.

False



What is the primary difference between judicial independence and

judicial accountability in the context of international courts?

accountability is only pośsible if transparency is eliminated

independence is for domestic courts, while accountability is for

international courts

C: independence is freedom to decide based on law; accountability involves

checks on that authority



If  a prominent international non-governmental organization such as the International Committee of the Red Cross, discovers evidence of severe human rights abuses, it has the legal standing to directly initiate a case·before the International Court of Justice

False



Strategically,why might international actors want to seek an advisory

opinion rather than engaging in contentious litigation?

C : advisory opinions can be used as a "soft litigation" tactic to support

political arguments

W: litigation in inherently risky, and a contentious case is a more formal

version of dispute resolution

C : advisory opinions can serve as a less confrontational tool because there may not explicitly losing "parties"



Based on the Barcelona Traction case, which of the following are examples of

obligations erga omnes (obligations owed to the community as a whole)?

C: Protection from slavery and racial discrimination

C: The outlawing of genocide

·The enforcement of bilateral trade tariffs

C: The outlawing of acts of aggression



For a country that subscribes to "dualism," national and international law

are viewed as interlocking, interdependent systems.



False