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The Role of Comparative Law in Judicial Review

Description: This quiz is designed to assess your understanding of the role of comparative law in judicial review. It covers various aspects of how comparative law is used in judicial decision-making, including the sources of comparative law, the methods of comparative analysis, and the limits of comparative law.
Number of Questions: 5
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Tags: comparative law judicial review legal systems legal reasoning
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What is the primary purpose of using comparative law in judicial review?

  1. To determine the validity of a law based on international standards.

  2. To harmonize the laws of different jurisdictions.

  3. To provide guidance on how to interpret a law.

  4. To identify potential loopholes in a law.

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Correct Option: C
Explanation:

Comparative law is used in judicial review to provide guidance on how to interpret a law by examining how similar laws have been interpreted in other jurisdictions.

Which of the following is NOT a source of comparative law?

  1. Treaties and international agreements

  2. Foreign statutes and case law

  3. Legal scholarship and academic writings

  4. Customary international law

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Correct Option: D
Explanation:

Customary international law is not a source of comparative law because it is not created by any specific legal authority.

What is the most common method of comparative analysis used in judicial review?

  1. The functional approach

  2. The historical approach

  3. The doctrinal approach

  4. The sociological approach

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Correct Option: A
Explanation:

The functional approach is the most common method of comparative analysis used in judicial review because it focuses on the function of a law rather than its form or history.

What are the limits of comparative law in judicial review?

  1. It can only be used to compare laws from jurisdictions with similar legal systems.

  2. It can only be used to compare laws that are identical in their purpose.

  3. It can only be used to compare laws that have been enacted at the same time.

  4. It can only be used to compare laws that are written in the same language.

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Correct Option:
Explanation:

There are no absolute limits on the use of comparative law in judicial review. However, judges must be careful to consider the context and purpose of the laws being compared.

How can comparative law be used to promote the rule of law?

  1. By identifying best practices in lawmaking and judicial decision-making.

  2. By providing a basis for legal reform.

  3. By fostering mutual understanding and cooperation between different legal systems.

  4. All of the above

Show answer
Correct Option: D
Explanation:

Comparative law can be used to promote the rule of law in all of the ways listed above.

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