Reference no: EM132193780
Questions - Your answer to each question should be at least 1 page but does not exceed 2 pages.
1. Why is the rule of law seen as a cornerstone of development policy? In your opinion, does effectively promoting the rule of law mean imposing international 'best practices' like human rights? Why?
2. Is transnational law the solution to a problem or a problem in itself? Explain.
3. What are the main arguments for and against the use of legal transplants? In your opinion, when is a legal transplant 'successful'?
4. Is postmodern comparative law mainly interested in deeper legal forms of comparison or interdisciplinary approaches to comparative law? Explain.
Scenario: Someone presents the argument to you (as an expert in comparative legal methods) that every other country in the world should just "do what Denmark does."
5. Explain why this person would make this recommendation based on what you've learned in this class
6. Do you agree or disagree? If you agree, explain how and why it could be possible. If you disagree, explain how and why it could not be possible. (HINT: Support any normative arguments you have with the accurate use of concepts and theories we've learned in class).
Textbook - Consequential Courts JUDICIAL ROLES IN GLOBAL PERSPECTIVE Edited by DIANA KAPISZEWSKI, GORDON SILVERSTEIN and ROBERT A. KAGAN.
Chapter 1 - The Politics of Courts in Democratization Four Junctures in Asia.
Chapter 3 - Constitutional Authority and Judicial Pragmatism Politics and Law in the Evolution of South Africa's Constitutional Court.
Chapter 5 - The Transformation of the Mexican Supreme Court into an Arena for Political Contestation.
Chapter 6 - The Mighty Problem Continues Martin Shapiro.
Chapter 11 - The Judicial Dynamics of the French and European Fundamental Rights Revolution.