This book examines how the judicialization of politics, and the politicization of courts, affect representative democracy, rule of law, and separation of powers. This volume critically assesses the phenomena of judicialization of politics and politicization of the judiciary. It explores the rising impact of courts on key constitutional principles, such as democracy and separation of powers, which is paralleled by increasing criticism of this influence from both liberal and illiberal perspectives. The book also addresses the challenges to rule of law as a principle, preconditioned on independent and powerful courts, which are triggered by both democratic backsliding and the mushrooming of populist constitutionalism and illiberal constitutional regimes. Presenting a wide range of case studies, the book will be a valuable resource for students and academics in constitutional law and political science seeking to understand the increasingly complex relationships between the judiciary, executive and legislature.
This book critically evaluates different models of judicial leadership in Indonesia to examine the impact that individual chief justices can have on the development of constitutional courts.
In this important book, fourteen of America's leading constitutional scholars assess the Supreme Court's performance expounding the animating principles of American constitutionalism.
From Bush v. Gore to the war in Iraq, No Litmus Test demonstrates that even when the law provides no clear-cut right answers, it offers tools for distinguishing good arguments from bad ones.
This book argues that principled judicial engagement—real judging in all cases with no exceptions—provides the path back to constitutionally limited government.
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 ...
Thus this book will be a valuable supplement for students taking such courses and should interest anyone desirous of safeguarding our Bill of Rights.
Additionally, Thomas G. Walker is the Goodrich C. White Professor of Political Science at Emory University and co-author of A Court Divided, which won the V. O. Key, Jr. Award for the best book on southern politics.
On cover: Collection: Science and technique of democracy
This innovative volume explores the evolution of constitutional doctrine as elaborated by the Supreme Court.
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, ...