Chapter 13 Multiple choice questions

. Citizens obey laws. . .

more frequently when they perceive that most others in a society are also obeying the law.

only when they are sincerely afraid of the punishment if they are caught.

more frequently when the police are on strike.

when the laws are difficult to understand and hard to implement.

. Which of the following statements about civil law systems is TRUE?

Civil law judges are supposed to make rulings based upon legal code rather than precedent.

All civil law countries have weak judicial review.

The German Federal Constitutional Court is viewed as a very weak court because Germany uses Germanic civil code.

Judges in civil law countries must reference case law, rather than code, in their decisions.

. Under what conditions are constitutional judges least likely to make rulings independent of the preferences of elected politicians?

When there is a separation-of-powers system with many veto players.

When there is a long history of case law supporting the judges' decision.

When a simple majority in parliament can overturn any decision made by the court.

When the court is viewed more favourably by the public compared with politicians.

. According to Weingast, what role do flags, national anthems, and revered constitutions play in democracy and the rule of law?

They directly influence the power of courts and judges.

They promote democracy by fostering nationalism and populism.

They undermine democracy by reminding people that they should dislike people who do not respect these national symbols.

They act as symbolic cues to remind people that they are part of the same community, and should therefore support law that is supported by others in the community.

. Constitutional review refers to what…

The ability of a high (or supreme) court to determine whether a law or act is inconsistent with the constitution, and potentially strike it down.

The process by which elected politicians review the articles of their constitution at regular intervals.

The use of the constitution to review the role of other national symbols in society.

The ability of the parliament to examine laws written by the government to determine their constitutionality.

. Which of the following statements about constitutions is FALSE?

The Constitution of the UK is not entrenched because it is not written down, but rather a series of parliamentary rules, laws and norms that can be changed by a majority within parliament.

Difficult-to-amend constitutions and strong judicial review reduce the power of judges to make decisions.

Parts of the German constitution are highly entrenched and unamendable.

German Basic Law, which serves as the German Constitution, was meant to serve as a temporary constitution after World War II, that would be changed once East and West Germany reunited.

. Which of the following statements about the power of courts is TRUE?

Courts are particularly powerful in countries with few veto players.

Courts derive power from their ability to enforce their rulings through their ability to command police action.

Courts can derive some power from the fact that citizens tend to view them as a highly trustworthy institution, at least compared with other national political institutions.

Courts are powerful because they are not reliant on any other branch of government to carry out their judgments.

. In which of the following countries is judicial review the strongest?

Netherlands

Germany

The United Kingdom

Judicial review is weak everywhere in Europe because EU law prevents it.

. Which of the following European court cases established the supremacy of European law over national law in areas where EU law applies?

Van Gend en Loos (1963)

Costa vs ENEL (1964)

Rewe-Zentral vs. Bundesmonopolverwaltung für Branntwein [the Cassis de Dijon Case] (1979)

The Bosman Case (1995)

. Which of the following statements about violations of EU law is FALSE?

Member states with Eurosceptic publics are consistently among the worst offenders when it comes to violating EU law.

States with a greater policy discrepancy or "misfit" between EU and national law are more likely to violate EU law.

States with greater bureaucratic capacity to implement law are less likely to violate EU law.

Federal structures that allow lower levels of government to implement EU law and policy may lead to lower levels of compliance with EU law, especially if the federal government does not closely monitor implementation.

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