Consequential Courts Judicial Roles in Global Perspective

Author: Diana Kapiszewski; Gordon Silverstein; Robert A. Kagan
Publisher: Cambridge University Press
ISBN: 9781107026537
Published In: May 2013
Format: Hardback , 446 pages
Jurisdiction: International ? Disclaimer:
Countri(es) stated herein are used as reference only

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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

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