Administrative / Constitutional Law

Consequential Courts Judicial Roles in Global Perspective

Edited by Diana Kapiszewski · Gordon Silverstein · Robert A. Kagan
Cambridge University Press May 2013

Specifications

ISBN-13
9781107026537
Publisher
Cambridge University Press
Publication
May 2013
Format
Hardback , 446 pages
Jurisdiction
International ? Countri(es) for reference only

Details

In the early twenty-first century, courts have become versatile actors in the governance of many constitutional democracies, and judges play a variety of roles in politics and policy making. Assembling papers penned by academic specialists on high courts around the world, and presented during a year-long Andrew W. Mellon Foundation John E. Sawyer Seminar at the University of California, Berkeley, this volume maps the roles in governance that courts are undertaking and the ways they have come to matter in the political life of their nations. It offers empirically rich accounts of dramatic judicial actions in the Americas, Europe, the Middle East and Asia, exploring the political conditions and judicial strategies that have fostered those assertions of power and evaluating when and how courts' performance of new roles has been politically consequential. By focusing on the content and consequences of judicial power, the book advances a new agenda for the comparative study of courts.

• Takes an explicitly comparative method: unlike many volumes on comparative judicial politics that focus on just one country or, at most, one region of the world

• Volume includes analyses of countries from practically every area of the world, advanced and developing alike

Table of Contents

Contributors
xi
Introduction
Diana Kapiszewski, Gordon Silverstein, and Robert A. Kagan
1
I.        Expanding Judicial Roles in New or Restored Democracies
43
1.        The Politics of Courts in Democratization: Four Junctures in Asia
Tom Ginsburg
45
2.        Fragmentation? Defection? Legitimacy? Explaining Judicial Roles in Post-Communist “Colored Revolutions”
Alexei Trochev
67
3.        Constitutional Authority and Judicial Pragmatism: Politics and Law in the Evolution of South Africa's Constitutional Court
Heinz Klug
93
4.        Distributing Political Power: The Constitutional Tribunal in Post-Authoritarian Chile
Druscilla L. Scribner
114
5.        The Transformation of the Mexican Supreme Court into an Arena for Political Contestation
Mónica Castillejos-Aragón
138
II.       Expanding Judicial Roles in Established Democracies
161
6.        Courts Enforcing Political Accountability: The Role of Criminal Justice in Italy
Carlo Guarnieri
163
7.        The Dutch Hoge Raad: Judicial Roles Played, Lost, and Not Played
Nick Huls
181
8.        A Consequential Court: The U.S. Supreme Court in the Twentieth Century
Robert A. Kagan
199
9.        Judicial Constitution Making in a Divided Society: The Israeli Case
Amnon Reichman
233
10.       Public Interest Litigation and the Transformation of the Supreme Court of India
Manoj Mate
262
11.       The Judicial Dynamics of the French and European Fundamental Rights Revolution
Mitchel de S.-O.-l’E. Lasser
289
12.       Constitutional Courts as Bulwarks of Secularism
Ran Hirschl
311
Part III. Four “Provocations”
335
13.       Why the Legal Complex is Integral to Theories of Consequential Courts
Terence C. Halliday
337
14.       Judicial Power: Getting it and Keeping it
John Ferejohn
349
15.       Constitutional Politics in the Active Voice
Mark A. Graber
363
16.       The Mighty Problem Continues
Martin Shapiro
380
Conclusion:Of Judicial Ships and Winds of Change
Diana Kapiszewski, Gordon Silverstein, and Robert A. Kagan
398
Index
413

About the Author

Diana Kapiszewski
University of California, Irvine

Gordon Silverstein
University of Connecticut, School of Law

Robert A. Kagan
University of California, Berkeley

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