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3. Comparative Politics
3.3 Comparative Approaches
3.3.4 Comparing Judiciaries
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What is the primary role of the judiciary in a political system?
Interpreting laws and resolving disputes
What are the key functions of the judiciary?
Interpreting laws, resolving disputes, and conducting legal proceedings
Common law judiciaries have greater independence from other branches compared to civil law judiciaries.
True
Arrange the following functions of the judiciary in their logical order:
1️⃣ Interpreting laws and regulations
2️⃣ Resolving legal disputes
3️⃣ Conducting legal proceedings
In a common law judiciary, the basis of law is judge-made
precedent
Judicial reasoning in a common law judiciary is
inductive
and case-by-case.
True
In a common law judiciary, judges are often appointed by the executive
branch
Match the structural characteristic with the correct judiciary type:
Hierarchical court structure ↔️ Common Law Judiciary
Specialized jurisdiction ↔️ Civil Law Judiciary
What is the scope of judicial review in a civil law judiciary?
Limited power
What role do common law judiciaries play in interpreting laws?
Active
Order the following roles of common law judiciaries from most active to most passive:
1️⃣ Judicial Review
2️⃣ Interpretation of Laws
3️⃣ Dispute Resolution
The basis of law in common law judiciaries is precedent-based, also known as judge-made
law
The judiciary is responsible for interpreting laws and administering
justice
The basis of law in a common law judiciary is
precedent
Which countries use common law systems?
UK, USA, Canada, Australia
What does a political system provide for its people?
Legal frameworks and rights
Which branch of government is responsible for creating codified laws in a civil law system?
Legislature
What type of judicial tenure is common in civil law systems?
Fixed terms
How are judges typically selected in a civil law judiciary?
Competitive exams
In a common law judiciary, judges play an active role in interpreting and developing the
law
Civil law judiciaries have a specialized jurisdiction focused on specific areas of codified
law
Match the term with its definition or function:
Judiciary ↔️ Interprets laws and administers justice
Political System ↔️ Formal and informal structures governing a state
Judicial Review ↔️ Determines if laws comply with the constitution
Order the judicial reasoning processes of common law and civil law systems from specific to general:
1️⃣ Inductive (Common Law)
2️⃣ Deductive (Civil Law)
Civil law judiciaries have specialized jurisdiction focused on specific areas of
codified
law.
Common law judiciaries interpret laws through precedents, while civil law judiciaries apply
codified
laws.
True
Common law judiciaries have a stronger role in upholding the
constitution
Steps in the judicial selection process in civil law systems:
1️⃣ Competitive exams
2️⃣ Career progression
3️⃣ Fixed terms
Civil law judiciaries are more susceptible to political
influence
Match the term with its definition:
Judiciary ↔️ Interprets laws and administers justice
Political System ↔️ Governs people through formal structures
Judicial Review ↔️ Ensures laws comply with the constitution
Common law is based on precedent, while civil law is based on
codified
law.
True
The structure of common law courts is hierarchical, while civil law courts are more
decentralized
.
True
The hierarchical court structure in common law systems allows for the development of
precedent
.
True
The decentralized court structure in civil law systems is tailored to enforcing
specific
legal codes.
True
Common law judiciaries have a stronger role in upholding the constitution compared to civil law systems.
True
Judges in common law systems have greater independence from the executive branch due to
lifetime tenure
.
True
Common law judiciaries can play a more active and impartial role in interpreting the law due to their independence.
True
The balance of power between government branches is influenced by the degree of
judicial independence
.
True
Judicial review allows courts to review laws for compliance with the constitution.
True
Judges in civil law systems focus on applying codified laws rather than actively interpreting them.
True
The judiciary ensures the
consistent
and fair application of laws in a political system.
True
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