9781108348669 (ebook) 9781108425667 (hardback) 9781108443098 (paperback)
The power of national and transnational constitutional courts to issue binding rulings in interpreting the constitution or an international treaty has been endlessly discussed. What does it mean for democratic governance that non-elected judges influence politics and policies? The authors of Judicial Power - legal scholars, political scientists, and judges - take a fresh look at this problem. To date, research has concentrated on the legitimacy, or the effectiveness, or specific decision-making methods of constitutional courts. By contrast, the authors here explore the relationship among these three factors. This book presents the hypothesis that judicial review allows for a method of reflecting on social integration that differs from political methods, and, precisely because of the difference between judicial and political decision-making, strengthens democratic governance. This hypothesis is tested in case studies on the role of constitutional courts in political transformations, on the methods of these courts, and on transnational judicial interactions.
Title from publisher's bibliographic system (viewed on 28 Jan 2019).
Formatted Contents Note
Judicial power and democracy / Martin M. Shapiro Judicial politics versus ordinary politics : is the constitutional judge caught in the middle? / Michel Rosenfeld Judicialization of politics or politicization of the courts in new democracies? / Mary L. Volcansek European judicial appointments reform : a neo-institutional approach / Mitchel Lasser The law of democracy and the European Court of Human Rights / Richard H. Pildes Constitutional court and politics : the Polish crisis / Lech Garlicki Democracy, political crisis, and constitutional jurisdiction : the leading role of the Brazilian Supreme Court / Luís Roberto Barroso and Aline Osório Judicial power and European integration : the case of Germany / Franz C. Mayer Fundamental rights in Europe after opinion 2/13 : the hidden promise of mutual trust / Timothy Roes and Bilyana Petkova Transnational judicial interactions and the diplomatization of judicial decision-making / Gertrude Lübbe-Wolff Judging methods of mediating conflicts : recognizing and accomodating differences in pluralist legal regimes / Judith Resnik On the representativeness of constitutional courts : how to strengthen the legitimacy of rights adjudicating courts without undermining their independence / Mattias Kumm After the heroes have left the scene : temporality in the study of constitutional court judges / Mark Tushnet What exactly is political about constitutional adjudication? / Dieter Grimm Populism, constitutional courts, and civil society / Andrew Arato Judicial power in processes of transformation / Ulrich K. Preuss Neither legal nor illegal : today's operational spaces barely captured in law / Saskia Sassen.