POLI 330 Midterm Exam 2023 solution, Question and Answers verified correct

Judicialization of politics - decisions and judicial processes have entered the political realm. a. Line between adjudicator and legislator has been blurred 2. At the same time there is a trend for the weaponization of law for political purposes: imposing of politics into law a. Mirror image of the above b. Insidious insertion of politics into the realm of law c. Political actors can harness the law to steer political competition process in their favor 3. Combination of the above phenomena makes it impossible to divide law and politics. a. German courts ruled that Germany can participate in NATOs Bosnia mission - this was originally seen as a constitutional question, but in actuality is political b. Courts can determine who can participate in elections, sideline political opponents in authoritarian regimes, silence the media Equal responsibility and protection under the law - similar cases should be treated by the law in similar ways regardless of who is involved in the cases i. Different litigants enjoy the same treatment in court prospective vs. retrospective law - b. Governments should be limited by prospective (laws that have a binding effect after they have been passed) and universal laws i. Rule of law prohibits retrospective law: law that make past acts illegal. ii. You should be able to plan your actions based on the nature of the legal environment