This lesson explains how law, sovereignty, and the rule of law relate to the judiciary. It contrasts governments constrained by law with governments that use law as an instrument of control.
Law is a body of rules of conduct with binding force, prescribed, recognized, and enforced by an authority. In contemporary political systems, that authority is usually a government. Sometimes several levels of government exercise authority in the same place.
All flashcards
What is the rule of law?
The principle that government and people are subject to law, with no person or group above it; law limits arbitrary government power.
What is rule by law?
A system in which authorities use laws and courts as instruments to control people, suppress opposition, or preserve the regime's power.
What are the four principles of the rule of law?
Accountability, just laws, open government, and accessible and impartial dispute resolution.
What is judicial independence?
The ability of judges to decide cases without improper control or pressure from political leaders or other interested parties.
What is a fixed-term judicial appointment?
An appointment that gives a judge a defined period of service.
Quiz questions
What does judicial review allow courts to do in systems that provide for it?Answer: Examine government action to determine whether it complies with constitutional requirements.
What does jurisdiction establish for a court?Answer: Its legal authority to hear a case, including limits of geography and subject matter.
How are judges of US federal Article III courts selected?Answer: The president nominates them, and the Senate confirms them.
What do voters decide in a retention election?Answer: Whether an appointed judge should remain in office or be replaced.
Why can a fixed-term appointment threaten judicial independence?Answer: A judge seeking reappointment may feel pressure to satisfy the authorities who renew the term.
Based on Introduction to Political Science by Mark Carl Rom, Masaki Hidaka, Rachel Bzostek Walker (OpenStax), licensed CC BY 4.0. Adapted into a summary, flashcards and quizzes.