9781139207843 (ebook) 9781107026537 (hardback) 9781107693746 (paperback)
Comparative constitutional law and policy.
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.
Title from publisher's bibliographic system (viewed on 05 Oct 2015).
Formatted Contents Note
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.