International comparisons
11 important questions on International comparisons
Which international developments have happened?
•Treaties:
–International law has becomean important part of the nationalconstitutions of countries.
•International courts:
–The establishment of international courts of law have led to a furtherdevelopment of the nationalrule of law.
•The EU and the rule of law:
–Any country that wants tojoin the EU must have the rule of law in place.
Which international courts have developed over years?
- International Criminal Court,2002. Here, heads of state an be put on trial for biolating human rights and committing crimes agaisnt humanity, such as genocide.
For what does the European Union function?
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What is one issue that al the member states do agree on?
What is the difference in population influence between the US and NED?
•The population’sinfluence:
–Citizens elect a parliament.
–Americansalso elect who is the head of the executive power.
–American citizensalso elect lowerjudgesandcanbecalled up for jury duty.
What are the difference in the power of the head of state between the US and NED?
–The president as head of state has twopowersthatgivehim a lot of authority: the right of veto and Commander in Chief of the armedforces.
–With the right of veto the president canhold up or even preventlegislation.
–As Comander in Chief of the armedforces, the president can make an independent decisiontosend American troopsinto war.
What is the difference in the independence of judges between the US and NED?
–In the US, the ninejudges of the SupremeCort have a verypowerfulposition as they are appointed on politicalgroundsfor life by the President.
–The US Supreme Court has the special task of testingall US legislation, both state andfederal, against the US Constitution.
What is the difference in the judicial system between the US and NED?
–At a trial in the US, it is notonly a judge but also a jury thatcomesto a verdict.
–Anyonewhodoesn’t have a criminal record canbeaskedtosit on a jury. The jury onlydecides on the question of guilt or innocence
What is the difference in fundamental rights between the US and NED?
–In the US, there are scarcelyany basic socialrights.
–The governmentinterferes as little as possible.
–Inducement as a crime-investigationmethod is permitted.
What is the difference in sentencing between the US and NED?
–In additionto the death penalty, the American criminal code has some more remarkable features.
–Pleabargaining: dropping a more serious charge if the suspect confessesto a lessseriousone. Three Strikes You’re Out Law: you get a veryharshsentenceifyoucommit a crime for the third time
What is the difference in the phenomenon of class justice?
–We speak of class justicewhen the judicial system favourspeoplefrom a highersocial class abovethosefrom a lowersocial class.
–In the US, we alsoseeracial (in)justice.
–AfricanAmericansandLatinos are givensentencesthat are twice or threetimeshigherthanthosegiventowhitepeopleforcomparableoffences.
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