Elements of institutional design
European Union
Case Evidence
International Courts
Marine Animals
100
What paradigm is Hans Kelsen associated with?
New Constitutionalism -
1. Written Constitution
2. Constitution gives power to people
3. Legislative authority and constitution
4. Rights system: Constitutional Court
100
What body of the EU is responsible for proposing laws & bringing cases before the ECJ?
European Commission
100
What did the Van Gend en Loos case establish and why is it important?
Direct effect - which allows individuals to invoke EU laws under domestic Courts
100
What is the 'margin of appreciation' doctrine?
Doctrine developed by the European Court of Human Rights regarding the degree of flexibility granted to member states in enforcing case decisions
100
How many brains does an octopus have?
9
200
What are the various types of judicial appointments to the Court?
Professional - judges work with other branches to choose best judges in the country based on judicial experience and not on political affiliation
Cooperative - requires 2 branches of govt to approve all final appts
Representative - multiple appointing authorities
200
What was the initial purpose of the European Union? How did it evolve? Give an example
Economic integration -> human rights
Ex. Article 119 (France concerned about unfair competition)
200
Which case helps us understand how Courts help stabilize democracy in transitional societies?
Taiwan, South Korea, or South Africa
200
What is the complementarity principle?
Principle built into design of ICC making it a "Court of Last Resort"
200
What is the hybrid of a Narwhal and a Beluga called?
Narluga
300
Five institutional factors that influence judicial review powers?
Access, Appointments, Effect, Term Length, Court Size
300
What is the Naomi Campbell case an example of? Explain
Balancing in the EU - Right to Privacy vs. Freedom of the Press - ECJ ruled in favor of Campbell
300
What are some difficulties that the South African TRC faced?
Tension about Truth vs. Retribution, Peace vs. Justice, Dual Memory of Law
300
What is the subsidiarity princple?
Principle established by ECJ defaulting to domestic decisions unless Court is necessary
300
Whales and dolphins closest living relatives on land are...
Even-toed ungulates (pigs, cows, giraffes, hippos)
400
What are the types of judicial review?
Abstract review - opposition party in parliament refers question to CC before it is law
Concrete Review by Ordinary Court - Ordinary Court refers case to CC
Concrete Review by Individual Complaint - individual exhausts all options before coming before CC
400
European Convention Article invoked in majority of cases between 1960-2014?
Article 6 - Right to a Fair Trial
400
What concept is frequently invoked in debates about EU supremacy in Polish politics?
National Sovereignty
400
What some the limitations of the African Court on Human and People's Rights?
Diverging domestic institutions and interests - chiefly related to democracy and non-democracy, minimal ratification of the protocol, and lack of enforcement.
400
What are the 5 types of salmon in the Salish sea?
Chinook, coho, pink, chum, and sockeye
500
Explain how various dimensions of Court design influence relative autonomy?
There are lots of correct answers here, up to Host to decide.
500
Why does ECJ not allow dissenting opinion?
Presents a united front - increases legitimacy of European Law
500
What is a unique right in the African Court of Human and People's Rights?
Attention to *People's* Rights - rights of groups
500
Why must international Courts build in principles of subsidiarity, complementarity, and/or margin of appreciation?
To preserve national sovereignty and ensure membership in international legal obligations.
500
What is the name of the Orca in the mediterranean who taught other Orcas to attack yachts?
Gladis