LAW

Flashcard

Learn Mode

Match

Library

Create

Flashcards

Library

Match (Coming Soon)

Political Science - Comparative Politics

jake12testoswi Created by 10 mon ago

Cards in this deck(58)

Rule imposed by the government with a coercive sanction

Duty - an obligation to do something, or refrain from doing something Right - entitlement to receive or do something, or to compel someone else to do something Every right has a corresponding duty: again, one person's duty corresponds to another person's right. Remedy - solution to the violation of a right

Primary rules compel something while secondary rules exist to manage primary rules

Natural laws exist in nature (from god or from philosophical sources) Natural law is the inspiration for the US Declaration of Independence, the French Declaration of the Rights of Man Pozitive law is made by humans

Contracts - written agreements between parties(enforcable promises Torts - generally apliccable law not to harm others Activity specific laws - government regulation

Constitutions fundamental laws recognized by the laws of the republic Can be written (one document) or unwritted (The term "unwritten constitution" is a misnomer! It doesn't mean an "oral constitution" that hasn't been reduced to writing. Instead, it means that there's no single stand-alone written document that by itself serves as the constitution.) Treaties Statutes ordinances Regulations rules aorund the other rules

Some constitutional protections may read one way in their form on paaper, but actually have no effect on the reality of that country

Competence - The recognized ability for a body to make laws Usually defined in a constitution -generally cannnot interfere with fundamental rights

Interpretivism - judges should onyl look at written documents to justify desisicons Non- interpretiveism - judges should find ustificaiton from an outside source

Hard laws - laws that are enforceable by the court Soft laws - agreements that are not legally binding such as UN general resoultions

Rule of law - a primary or secondary law THE rule of law - constitutional notion that nobody is above the law

If someone's power is perceived as legitimate, they have authority

Full Demoncracies -civil liberties and political freedoms are protected by law and society limited issues Flawed Democracies -free elections with basic civil liberties -elections may be influenced with social media Issues low participation in politics minor suppression of political rivals Hybrid regimes -Regular electoral frauds -governments pressure opposition -widespread corruption -low participation in politics Authoritarian regimes Political singularity -often monarchies or dictatorships -elections are not free or fair

1 The law is completely ignored by the competent body (not rejected or accepted 2 The law is outright and formally and rejected by the competent body 3 The law is formally approved by a consensus

Keep a cetain staus quo Regulate human conduct Educative/idealogical Dispute settlement Determining acceptable/inacceptable behavoir Giving authority to some actors and preventing abuse from those actors

Unwrittes - not defined by ONE single written source

In theory the law is invalid but it depends on country

Electoral process and pluralism civil liberties functioning of government political participation political culture

Kings courts If a court resolves a dispute that is simmilar to one resolves in the past, then the court is sometimes bound to follow the earlier decisions reasoning as precedent If a court resolves a novel dispute, the judged reasoning expressed in a wirtten descision gets added to the body of common law. Lower level cours must follow precedents of higher courts Equal level cours can be persuaded to follow peer courts

2 splits Courts of law and courts of chancery Court of law could order one party to pay money to another "damages" The court of chancery could order one part to do something or to redrain from doing something "SPecfic performance or injunction"

Common: judicial -more common to have juries system, constantly changing, characterizes UK & US, - justification based on precedent and social norms, -results in less government regulation, more economic growth, Civil: -Judges are not supposed to make new laws - legislation through congress, slower change, -justifications based on code, results in more government regulation, slower economic

Legal practicitoners have a lot of influence most countries that use common law are historically linked to England

ROman roots Case law is not binding as a precedent, but can have persuasive value Judges are not supposed to create new low, as he

Clear seperation of public and pricate alw and legal reasoning is mostly deductive classification of rights is more analytically precise

-legal sytem to be differentiated fom common law or religious law - sometimes the area to be distinguisshed from criminal law and admin law ++++ Make sure to specify which meaning applies

Private law regulates the realtionshop between private persons ]Public law regulates the realtionships between private persons and the state

The process might be vyer formal with many precribes stems - commin in a democracy OR Ther process might be very inoformal, with few if any steps

What is theproblem that the proposal aims to solve What is the proposals solution? Whos competent to transform the proposaal into a law? What is the process by which the proposal would be transformed into a law

there might not be bilaterall support when there is executive veto power it might be vetoed

The proposal adresses a real and important porblem That the proposal adress and SOLVES the problem -That it solves the important problem in an effective way in a relevant time frame without triggering a side efffect

Sometimes the same thing sometimes the head of state and government are different people

A stae in which power is held by the people and their elected representatives and which has an elected leader rather than a monarch

Representative - the people vote for candidates and the winner bcomes a desicion maker Direct -The people vote for measures and winning measures became the law

Initiative -ordinary citizen prooposes a lae Referendum - legeslature approves a law to be subitted to the people Town hall - citizens gather for discussion and descision

PROS Power to the people Legislatures sometimes respond to much to special interest legislatures sometimes get paralyzed by political infighting legislators get out of touch with the needs of ordinary people CONS People can act with a mob mentality -electors are not as educates and tend to be self interested

A person exists within a legal system, and is a subject of the law, is granted certain rights by the law, and because each persons rights vary, those rights are subjective - "sujective law"

SOme disputes concern the facts ' some disputes concern interpretaions of the law A resolution process reaches conclusions about what the law says about a specific set of facts

Finding of the facts and conclusions of law

When the facts are in dispute, the disputing parties paint different picutres of reality, asserting conflicting facts -a third party decides what the facts are - "finding" the facts

Applying these facts to the law will elad to conclusions of law - donte by a jusdge

1 Jurisdiction - the competence of this court to impose a descision in this dispute 2 a claim alleging facts that give rise to liability liability

cirminal law : a public prosecutor Admin law : either the administration or the subjesct Civil law : Private parties

Settle MEdiate - neutral shuttle diplomat with no power Arbitrate- private court

1 Evaluate the desired outcome 2 evaluate the likeleyhood of obtaining the desired resolution option absed on -strength of case -opposing party's ability to compel a judgement - nuisance value - relationship value

-very expensive -pasage of time before resolution -uncertainty - risk of a hollwow victory - unpleasantness

Negative publicity yes costs - maybe uncertatinty NO

-enforcement of a forign judgement from the court in one country is enforced in another country' -enforcement of a judgement in one country in another is sometimes quite challanging -paradoxically , enforcing an arbitration decision in another country is sometimes much easier

Public - dealing eith conduct of states with each other and with private persons Private- private persons in their relations with each other when the persons are located in different states

rules and principles dealing with the conduct of international organizations in their realations with each other, with states, and with private persons

A stystem of rules to guide 1 how states interact with each other, private persons of other states, and international organizations. 2 How international organizations interact with each other and with private persons

1 conventions - treaties when a convention is recognized by a state, the rules in the convention become binding on the state. 2 If most states recognize a customary rule as having force of law, then its difficult for an outlier state to convince the other states that the customary law isnt binding on that outlier state 3 Customs 2 Norms from customs that include a prohibition on waging agressive war, war crimes, genocide, torture, and slavery 3 generally allepted principles recognized by civilized nations 4descisions and commentary

1 permanant poulation 2 defined territroy 3 government 4 ability to conduct international relations

1 constitutive theory - determined by other states 2 declatory theory - a state declares they are a state

Sovereign immunity - exemption of a state from the jurisdiction of foreign national courts (can be waived) Diplomatic Immunity - exemption of an acreddited diplomat from the jurisdiciton of foreign courts

1 war 2 international institutions

General assembly Security council Secretariat Economic and socail council ICJ

General assembly measures are soft law Security council meansures are hard law

-legal personality - has member states or member other organizations

Ask Our AI Tutor

Get Instant Help with Your Questions

Need help understanding a concept or solving a problem? Type your question below, and our AI tutor will provide a personalized answer in real-time!

How it works

Ask any academic question, and our AI tutor will respond instantly with explanations, solutions, or examples.

Get Started

Browse questions and discover topic-based flashcards
Practice with engaging flashcards designed for each subject
Strengthen memory with concise, effective learning tools

Discover By Topic

LAW

Related Decks