The efficacy of judicial review : the rule of law and the promise of independent courts / Amanda Driscoll, Jay N. Krehbiel, Michael J. Nelson.

Format:

Book

Author/Creator:

Driscoll, Amanda, author.

Krehbiel, Jay N., author.

Nelson, Michael J., 1986- author.

Series:

Comparative constitutional law and policy.

Comparative constitutional law and policy

Language:

English

Subjects (All):

Judicial review.

Constitutional courts.

Rule of law.

Physical Description:

1 online resource (xxi, 285 pages) : digital, PDF file(s).

Edition:

1st ed.

Place of Publication:

Cambridge, United Kingdom ; New York, NY : Cambridge University Press, 2025.

Summary:

Over the past century, countries around the globe have empowered constitutional courts to safeguard the rule of law. But when can courts effectively perform this vital task? Drawing upon a series of survey experiments fielded in the United States, Germany, Hungary, and Poland, this book demonstrates that judicial independence is critical for judicial efficacy. Independent courts can empower citizens to punish executives who flout the bounds of constitutional rule; weak courts are unable to generate public costs for transgressing the law. Although judicial efficacy is neither universal nor automatic, courts - so long as they are viewed by the public as independent - can provide an effective check on executives and promote the rule of law.

Contents:

The Promise of Judicial Review

Theorizing Judicial Efficacy

How, When, and Where to Evaluate Judicial Efficacy

Measuring Public Support for the Rule of Law

How Judicial Independence Facilitates State Constraint

Citizens' Convictions and Judicial Review

Judicial Review Amid Partisan Publics

Do Partisan Litigants Weaken Judicial Efficacy?

The Prospects of Judicial Review.

Notes:

Title from publisher's bibliographic system (viewed on 18 Jul 2025).

ISBN:

1-009-38897-5

1-009-38896-7

1-009-38894-0

OCLC:

1485652845