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 14: Efficacious judging on apex courts

Lee Epstein and Jack Knight

Abstract

After establishing that judges are sensitive to the consequences and enforceability of their decisions, this chapter outlines four methods judges use to help ensure that their decisions are efficacious (i.e. respected by external actors): anticipating the reaction of relevant (current) external actors, anticipating the reactions of incoming external actors, developing avoidance procedures and limiting doctrines, and cultivating public opinion. The chapter draws on evidence from Germany, the United States, Canada, South Africa, and other countries to illustrate these methods.

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