AP Comparative Government: Judicial Systems - The Night Before

Hey! Let's get you ready to ace this exam! We're diving into the judicial systems of our six course countries. Think of this as your ultimate cheat sheet—everything you need, nothing you don't. Let's do this!

Core Concepts & Key Terms

Before we jump into country-specific details, let's nail down some key terms. These are the building blocks for understanding judicial systems globally.

• Civil Rights: Protection from government abuse of power. Think of it as a shield against government overreach. 🛡️

• Civil Liberties: Protection from discrimination by the government or other individuals. Think of it as a guarantee of equal treatment.⚖️

• Rule of Law: The principle that everyone, including the government, is subject to and accountable under the law. It's about fairness and predictability, not arbitrary decisions. 💡

Comparing Judicial Systems

Let's explore the judicial systems of the UK, Russia, Iran, Mexico, China, and Nigeria. We'll focus on structure, function, appointment of judges, and how they interpret laws.

🇬🇧 Judicial Systems in the UK

• Structure:

  • Courts of Original Jurisdiction and Courts of Appeals
  • District Courts → High Courts
  • Supreme Court: Created in 2009, replacing the Law Lords (members of the House of Lords). Made up of a president and 11 justices.
  • Scotland maintains a separate legal system.

• Function:

  • Limited by parliamentary sovereignty. The Supreme Court cannot nullify laws.
  • Determines if government actions violate common law (law based on traditions).

  

🇷🇺 Judicial Systems in Russia

• Structure:

  • Pre-1993: Courts were controlled by the Communist Party.
  • Post-1993: District, Regional, and National Courts
  • Constitutional Court: 19 members, appointed by the President, confirmed by the Federation Council.
  • Supreme Court: 115 members, appointed by the President, confirmed by the Federation Council.

• Function:

  • District Courts: Primary trial courts for criminal cases.
  • Regional Courts: Appellate courts.
  • Constitutional Court: Ensures laws are constitutional.
  • Supreme Court: Court of last resort for administrative, civil, and criminal law.

  

🇮🇷 Judicial Systems in Iran

• Structure:

  • Headed by a Chief Justice (cleric, expert in sharia law), appointed by the Supreme Leader for a 5-year term.
  • Supreme Court: Highest court of appeals, with 42 branches, each with a justice, judge, and magistrate.

• Function:

  • Ensures laws comply with sharia (Islamic law).
  • Interprets Qanun (secular law) passed by legislative bodies.

  

🇲🇽 Judicial Systems in Mexico

• Structure:

  • Federal and state courts (federal courts are superior).
  • Supreme Court: Highest federal court, with a plenum (11 ministers) and chambers (5 ministers).
  • Ministers are nominated by the President, confirmed by the Senate.

• Function:

  • Determines the constitutionality of laws.
  • Enforces the law and maintains order under the Constitution.

  

🇨🇳 Judicial Systems in China

• Structure:

  • Four-tiered People's Court system: grassroots, intermediate, higher, and supreme.
  • CCP controls the judiciary; appoints all members.
  • People's Procuratorate provides public prosecutors and defenders.

• Function:

  • Constitutionally, courts are independent, but in reality, they are controlled by the CCP.

  

The Chinese judicial system is a prime example of how a ruling party can exert significant control over the judiciary, even when the constitution states otherwise. This is a key concept for the exam.

🇳🇬 Judicial Systems in Nigeria

• Structure:

  • Supreme Court: Chief Justice and up to 21 justices, appointed by the President, confirmed by the Senate.
  • Federal Court of Appeals: 72 branches, justices appointed by the President, confirmed by the Senate.
  • Traditional/subsidiary courts, including sharia courts in northern states.

• Function:

  • Federal Court of Appeals: Hears appeals from state courts.
  • Supreme Court: Highest court, mostly appellate jurisdiction, original jurisdiction in state vs. state and state vs. federal cases.

  

Final Exam Focus

Alright, you've made it this far! Let's focus on what's most likely to show up on the exam:

• Key Topics:

  • Judicial Review: Which countries have it? Which don't? How does it impact their political systems?
  • Rule of Law vs. Rule by Law: Understand the difference and how it plays out in different countries.
  • Influence of Religion: How does sharia law impact the Iranian and Nigerian judicial systems?
  • Party Control: How does the CCP control the judiciary in China?

• Common Question Types:

  • Multiple Choice: Focus on specific details about court structures and functions.
  • Short Answer: Be ready to compare and contrast judicial systems across countries.
  • Free Response: Analyze how judicial systems impact political power, civil rights, and civil liberties.

• Last-Minute Tips:

  • Time Management: Don't spend too long on any one question. Move on and come back if you have time.
  • Avoid Vague Language: Be specific! Use the correct terminology.
  • Connect Concepts: Show how different parts of the course connect (e.g., how does the judicial system interact with the executive or legislative branches?).
  • Practice, Practice, Practice: Review past FRQs and make sure you understand the rubrics.

Practice Questions

Let's test your knowledge with some practice questions.

Practice Question

Multiple Choice Questions

1. Which of the following best describes the concept of parliamentary sovereignty? (A) The judiciary has the power to nullify laws passed by the legislature. (B) The legislature has ultimate authority and its decisions are final. (C) The executive branch has the power to veto laws passed by the legislature. (D) The constitution is the supreme law of the land.

2. In which of the following countries does sharia law play a significant role in the judicial system? (A) Mexico and China (B) United Kingdom and Russia (C) Iran and Nigeria (D) Mexico and Nigeria

3. Which of the following is a key function of the Constitutional Court in Russia? (A) To serve as the highest court of appeals in criminal cases (B) To ensure laws and decrees are constitutional (C) To appoint judges to lower courts (D) To oversee the implementation of government policies

Free Response Question

Analyze the role of judicial review in the political systems of two of the following countries: the United Kingdom, Mexico, and China.

• Point Breakdown:
  • 1 point: for correctly identifying the presence or absence of judicial review in each of the two selected countries.
  • 1 point: for explaining how judicial review (or the lack thereof) impacts the political system in the first selected country.
  • 1 point: for explaining how judicial review (or the lack thereof) impacts the political system in the second selected country.
  • 1 point: for comparing or contrasting the impact of judicial review in the two selected countries.

You've got this! Go get that 5! 💪