Consequential courts : judicial roles in global perspective / edited by Diana Kapiszewski, Gordon Silverstein, Robert A. Kagan.

Format:

Book

Contributor:

Kapiszewski, Diana, editor.

Silverstein, Gordon, editor.

Kagan, Robert A., editor.

Series:

Comparative constitutional law and policy.

Comparative constitutional law and policy

Language:

English

Subjects (All):

Judicial power.

Political questions and judicial power.

Courts.

Physical Description:

1 online resource (xii, 439 pages) : digital, PDF file(s).

Edition:

1st ed.

Place of Publication:

Cambridge : Cambridge University Press, 2013.

Language Note:

English

Summary:

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.

Contents:

Introduction / Diana Kapiszewski, Gordon Silverstein, and Robert A. Kagan

The politics of courts in democratization : four junctures in Asia / Tom Ginsburg

Fragmentation? Defection? Legitimacy? : explaining judicial roles in post-Communist "colored revolutions" / Alexei Trochov

Constitutional authority and judicial pragmatism : politics and law in the evolution of South Africa's Constitutional Court / Heinz Klug

Distributing political power : the Constitutional Tribunal in post-authoritarian Chile / Druscilla L. Scribner

The transformation of the Mexican Supreme Court into an arena for political contestation / Mónica Castillejos-Araǵon

Courts enforcing political accountability : the role of criminal justice in Italy / Carlo Guarneri

The Dutch Hoge Raad : judicial roles played, lost, and not played / Nick Huls

A consequential court : the U.S. Supreme Court in the twentieth century / Robert A. Kagan.

Judicial constitution making in a divided society : the Israeli case / Amnon Reichman

Public interest litigation and the transformation of the Supreme Court of India / Manoj Mate

The judicial dynamics of the French and European fundamental rights revolution / Mitchel de S.-O.-l'E. Lasser

Constitutional courts as bulwarks of secularism / Ran Hirschl

Why the legal complex is integral to theories of consequential courts / Terence C. Halliday

Judicial power : getting it and keeping it / John Ferejohn

Constitutional politics in the active voice / Mark A. Graber

The might problem continues / Martin Shapiro

Conclusion : of judicial ships and winds of change / Diana Kapiszewski, Gordon Silverstein, and Robert A. Kagan.

Notes:

Title from publisher's bibliographic system (viewed on 05 Oct 2015).

Includes bibliographical references and index.

ISBN:

1-107-06529-1

1-316-09012-4

1-107-05686-1

1-107-25557-0

1-107-05796-5

1-107-05925-9

1-107-05573-3

1-139-20784-9

OCLC:

841486179