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Separation of Powers and Checks & Balances

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Separation of Powers and Checks & Balances

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Questions and Answers

What significant role do courts have in the Anglo-American legal tradition?

To eliminate the need for statutory law.

To interpret and potentially expand laws through precedents. (correct)

To enforce laws that have not been challenged.

To strictly enforce statutory laws without interpretation.

Which issue was NOT mentioned as being influenced by changes to common-law precedents?

Gun control laws. (correct)

Abolition of primogeniture.

Redefinition of divorce and property rights.

Legalized abortion.

What is suggested about the relationship between judges and statutory laws?

Judges are strictly limited to the intentions of the lawmakers.

Judges primarily focus on enforcing existing statutes.

Judges have no authority over statutory laws.

Judges interpret statutory laws and determine their application. (correct)

What constitutional mechanism is mentioned as a way to adjust protections under the Constitution?

<p>Passing Amendments to the Bill of Rights.</p> Signup and view all the answers

What might A. De Tocqueville's quote imply about the courts' powers?

<p>Courts hold significant political powers and influence legislation.</p> Signup and view all the answers

Study Notes

Separation of Powers and Checks & Balances

The American legal system gives courts immense political power
Tocqueville (in 1836) commented on this power.
The tension between judge-made and statutory law shapes the system.
Courts interpret the Constitution and precedents.
Amendments adjust the Constitution and protect rights.
This includes changing common law precedents (e.g. abolition, divorce, property rights, segregation, abortion).

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Description

Explore the intricate dynamics of the American legal system, focusing on the separation of powers and the system of checks and balances. Uncover the historical insights of Tocqueville and the ongoing tension between judge-made and statutory law, alongside the role of amendments in shaping constitutional rights.