Consequential Courts Judicial Roles in Global Perspective

ISBN-10: 1107693748

ISBN-13: 9781107693746

Edition: 2013

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Description: 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 an array of 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 in which 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.

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Book details

List price: $70.95
Copyright year: 2013
Publisher: Cambridge University Press
Publication date: 4/8/2013
Binding: Paperback
Pages: 446
Size: 6.00" wide x 9.00" long x 0.75" tall
Weight: 1.342
Language: English

Diana Kapiszewski is Assistant Professor in the Department of Government at Georgetown University.

Gordon Silverstein is Assistant Professor of Political Science at the University of California, Berkeley. A former journalist with a PhD from Harvard University, Professor Silverstein also has taught at Rice University, Dartmouth College, Lewis & Clark College, and the University of Minnesota. Silverstein has written a number of articles and book chapters on American politics, the separation of powers, and judicial power in comparative perspective and is the author of Imbalance of Powers: Constitutional Interpretation and the Making of American Foreign Policy (1996).

Expanding Judicial Roles in New or Restored Democracies
The politics of courts in democratization: four junctures in Asia
Fragmentation? defection? legitimacy? explaining judicial roles in post-communist 'colored revolutions'
Constitutional authority and judicial pragmatism: politics and law in the evolution of South Africa's constitutional court
Distributing political power: the constitutional tribunal in post-authoritarian Chile
The transformation of the Mexican Supreme Court into an arena for political contestation
Expanding Judicial Roles in Established Democracies
Courts enforcing political accountability: the role of criminal justice in Italy
The Dutch Hoge Raad: judicial roles played, lost, and not played
A consequential court: the US Supreme Court in the 20th century
Judicial constitution-making in a divided society - the Israeli case
Public interest litigation and the transformation of the Supreme Court of India
The judicial dynamics of the French and European fundamental rights revolution
Constitutional courts as bulwarks of secularism
Four 'Provocations'
Why the legal complex is integral to theories of consequential courts
Judicial power: getting it and keeping it
Out of phase: politics, regimes, and regime politics
The mighty problem continues
Conclusion: of judicial ships and winds of change
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