Coming Soon Courts in the Age of Polarization: Supreme and Constitutional Courts in Politically Divided Societies

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Courts in the Age of Polarization: Supreme and Constitutional Courts in Politically Divided Societies

Edited by Iddo Porat · Moshe Cohen-Eliya
Coming Soon Cambridge University Press Available September 2026

Specifications

ISBN-13
9781009331951
Publisher
Cambridge University Press
Publication
September 2026
Format
Hardback
Jurisdiction
U.K. ? Countri(es) for reference only

Details

This book offers the first comprehensive comparative study of how political polarization reshapes the role and functioning of supreme and constitutional courts. Drawing on case studies from the United States, the United Kingdom, Brazil, India, Israel, Germany, Spain and other jurisdictions, it examines how courts are transformed when deep political and social divisions meet powerful judicial institutions. The book identifies the factors that drive courts toward partisanship, the mechanisms through which polarization alters judicial nominations, decision-making and public trust, and the broader implications for the rule of law and democratic stability. It also analyzes reform proposals aimed at reducing the political stakes surrounding courts or balancing their internal composition.

Combining theoretical analysis with rich comparative materials, the book will be of interest to scholars, students, and readers seeking to understand the challenges that polarized democracies face in maintaining legitimate, independent, and effective courts.

Table of Contents

Introduction

Part I. Theory:
1. Political polarization: definitions, causes, and effects
2. Polarization and courts: theoretical and general perspectives

Part II. The Three Models:
3. The US
4. Continental Europe
5. Westminster model

Part III. Extending the Gaze:
6. Background conditions
7. The clash – political attacks and judicial reactions

Part IV. Reforms:
8. Reform proposals
9. Assessment
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