Comparative Judicial Review
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Comparative Judicial Review

Edited by Erin F. Delaney and Rosalind Dixon

Constitutional courts around the world play an increasingly central role in day-to-day democratic governance. Yet scholars have only recently begun to develop the interdisciplinary analysis needed to understand this shift in the relationship of constitutional law to politics. This edited volume brings together the leading scholars of constitutional law and politics to provide a comprehensive overview of judicial review, covering theories of its creation, mechanisms of its constraint, and its comparative applications, including theories of interpretation and doctrinal developments. This book serves as a single point of entry for legal scholars and practitioners interested in understanding the field of comparative judicial review in its broader political and social context.
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Chapter 8: New judicial roles in governance

Robert A. Kagan, Diana Kapiszewski and Gordon Silverstein

Abstract

In recent decades, high courts in many nations have taken on dramatic new roles in governance. This chapter notes five recurrent domains of political conflict into which high courts have been pushed, or asserted themselves, to play new roles: disputes between political incumbents and challengers, intragovernmental disputes about who governs, challenges to government stasis and maladministration, cultural and religious cleavages, and disputes about rights and equality. Exploring these judicial roles, the authors provide examples from countries around the globe. The chapter then synthesizes three factors which affect increases (and retractions) in judicial assertiveness: national institutional and political structures, contemporary political dynamics, and court-related factors. Finally, the authors identify trends which help account for the expansion of judicial roles: the spread of constitutional democracy, globalization and economic liberalization, increases in government activism, and evolving conceptions of law.

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