Consequential Courts: Judicial Roles in Global Perspective

ISBN-13: 9781107026537 / Angielski / Twarda / 2013 / 452 str.

Diana Kapiszewski

Opis

Maps the roles in governance that courts are undertaking and how they matter in the political life of these nations.

Recenzje

'Consequential Courts constitutes a major contribution to the comparative study of courts. It provides abundant and detailed examples of politically consequential behaviour of many courts which are not always the object of academic research. It provides abundant and detailed examples of politically consequential behaviour of many courts which are not always the object of academic research. It sets an agenda for future research in this area, and provides much food for thought on the methodological problems associated with large-scale comparative studies of Courts.' Sebastian Castro Quiroz, The Cambridge Law Journal

Spis treści

Part I. Expanding Judicial Roles in New or Restored Democracies: 1. The politics of courts in democratization: four junctures in Asia Tom Ginsburg; 2. Fragmentation? Defection? Legitimacy? Explaining judicial roles in post-communist 'colored revolutions' Alexei Trochev; 3. Constitutional authority and judicial pragmatism: politics and law in the evolution of South Africa's constitutional court Heinz Klug; 4. Distributing political power: the constitutional tribunal in post-authoritarian Chile Druscilla L. Scribner; 5. The transformation of the Mexican Supreme Court into an arena for political contestation Mónica Castillejos-Aragón; Part II. Expanding Judicial Roles in Established Democracies: 6. Courts enforcing political accountability: the role of criminal justice in Italy Carlo Guarnieri; 7. The Dutch Hoge Raad: judicial roles played, lost, and not played Nick Huls; 8. A consequential court: the US Supreme Court in the twentieth century Robert A. Kagan; 9. Judicial constitution-making in a divided society - the Israeli case Amnon Reichman; 10. Public interest litigation and the transformation of the Supreme Court of India Manoj Mate; 11. The judicial dynamics of the French and European fundamental rights revolution Mitchel de S.-O.-l'E. Lasser; 12. Constitutional courts as bulwarks of secularism Ran Hirschl; Part III. Four 'Provocations': 13. Why the legal complex is integral to theories of consequential courts Terence C. Halliday; 14. Judicial power: getting it and keeping it John Ferejohn; 15. Out of phase: politics, regimes, and regime politics Mark A. Graber; 16. The mighty problem continues Martin Shapiro; 17. Conclusion: of judicial ships and winds of change Diana Kapiszewski, Gordon Silverstein and Robert A. Kagan.