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Research Handbook on Law and Political Systems
This Research Handbook is a multi-faceted, comparative analysis of how law and political systems interact around the world. Chapters include analyses of judicial deference, congressional support, democratic representation, politicization of courts, public support, and judicialization across multiple jurisdictions in the United States and abroad. Chapters also investigate transnational courts and the linkages between international and domestic law and politics.
More Information
Critical Acclaim
Contributors
Contents
More Information
This Research Handbook is a multi-faceted, comparative analysis of how law and political systems interact around the world. Chapters include analyses of judicial deference, congressional support, democratic representation, politicization of courts, public support, and judicialization across multiple jurisdictions in the United States and abroad. Chapters also investigate transnational courts and the linkages between international and domestic law and politics.
Addressing these relationships from a comparative perspective, the Research Handbook illustrates how different political contexts lead to different uses of law and how courts respond to divergent political environments. An impressive array of contributors, and the editors, examine law and political systems on a global scale through either country-specific analyses, comparative analyses, or the examination of transnational institutions.
Scholars interested in law and courts, judicial politics, the rule of law, and governance will find this Research Handbook to be a valuable resource. It will provide a helpful foundation for advanced students of both political science and law and will be a useful reference tool for judges and those operating in a judicial or political sphere.
Addressing these relationships from a comparative perspective, the Research Handbook illustrates how different political contexts lead to different uses of law and how courts respond to divergent political environments. An impressive array of contributors, and the editors, examine law and political systems on a global scale through either country-specific analyses, comparative analyses, or the examination of transnational institutions.
Scholars interested in law and courts, judicial politics, the rule of law, and governance will find this Research Handbook to be a valuable resource. It will provide a helpful foundation for advanced students of both political science and law and will be a useful reference tool for judges and those operating in a judicial or political sphere.
Critical Acclaim
‘Definitely not the usual assortment of judicial studies, this exciting and innovative research uses sophisticated methodologies to analyze evolving interactions between law and politics in a variety of political systems across the globe. Written by an impressive array of esteemed scholars and rising stars, this fresh new collection is truly an outstanding achievement.’
– Melinda Gann Hall, Michigan State University, US
– Melinda Gann Hall, Michigan State University, US
Contributors
Contributors: Aylin Aydin-Cakir, Onur Bakiner, Joshua Boston, M.P. Broache, Mónica Castillejos-Aragón, Todd Curry, Amanda Driscoll, Tao L. Dumas, Martín Gandur, Lewis Graham, Dino Hadzic, Robert M. Howard, Gbemende Johnson, Alisher Juzgenbayev, Valenta Kabo, Alexandra Mannix, Philipp Meyer, Hayley Munir, Alicia Pastor y Camarasa, Maria Popova, Kirk A. Randazzo, Syed Rashid Munir, Rebecca A Reid, Michael Romano, Maoz Rosenthal, Christine Rothmayr Allison, Kyle Shen, Shai Talmor, Alexei Trochev, Jake S. Truscott, Teena Wilhelm, Harold A. Young
Contents
Contents;
1 Introduction to the Research Handbook on Law and Political Systems 1
Robert M. Howard, Rebecca A. Reid, and Kirk A. Randazzo
2 Court-curbing through legal reforms or coercion? 8
Aylin Aydin-Cakir
3 Majoritarians in robes 25
Todd Curry and Michael Romano
4 Gender, race, and politics in judicial process 40
Tao Dumas and Alexandra Mannix
5 Judges and politics in UK courts 57
Lewis Graham
6 Government transparency and judicial deference 71
Gbemende Johnson
7 A court of law or a court of judges? 85
Maoz Rosenthal and Shai Talmor
8 Planting seeds but bearing different fruit 99
Kyle Shen
9 Explaining congressional support for the federal judiciary 122
Jake S. Truscott and Teena Wilhelm
10 Instrumentalization of constitutional law in Central Asia 139
Alexei Trochev and Alisher Juzgenbayev
11 Politicization of courts in European democracies 169
Maria Popova and Christine Rothmayr Allison
12 Constitution-making and transnational expertise: lessons from the 2014
Tunisian Constitution 186
Alicia Pastor y Camarasa
13 The battle for judicial independence 200
Mónica Castillejos-Aragón
14 Public support and compliance with high courts around the world 212
Amanda Driscoll and Martín Gandur
15 Open justice at highest courts 234
Philipp Meyer
16 Courting dissent 254
Hayley Munir and Syed Rashid Munir
17 The theoretical and empirical relationship between legal pluralism and
economic development 271
Valenta Kabo
18 The Caribbean Court of Justice 289
Harold A. Young
19 Law and violence against civilians 305
M.P. Broache
20 Strategic deference of the European Court of Justice 325
Joshua Boston and Dino Hadzic
21 Conclusion to the Research Handbook on Law and Political Systems 344
Kirk A. Randazzo, Rebecca A. Reid, and Robert M. Howard
Index 355
1 Introduction to the Research Handbook on Law and Political Systems 1
Robert M. Howard, Rebecca A. Reid, and Kirk A. Randazzo
2 Court-curbing through legal reforms or coercion? 8
Aylin Aydin-Cakir
3 Majoritarians in robes 25
Todd Curry and Michael Romano
4 Gender, race, and politics in judicial process 40
Tao Dumas and Alexandra Mannix
5 Judges and politics in UK courts 57
Lewis Graham
6 Government transparency and judicial deference 71
Gbemende Johnson
7 A court of law or a court of judges? 85
Maoz Rosenthal and Shai Talmor
8 Planting seeds but bearing different fruit 99
Kyle Shen
9 Explaining congressional support for the federal judiciary 122
Jake S. Truscott and Teena Wilhelm
10 Instrumentalization of constitutional law in Central Asia 139
Alexei Trochev and Alisher Juzgenbayev
11 Politicization of courts in European democracies 169
Maria Popova and Christine Rothmayr Allison
12 Constitution-making and transnational expertise: lessons from the 2014
Tunisian Constitution 186
Alicia Pastor y Camarasa
13 The battle for judicial independence 200
Mónica Castillejos-Aragón
14 Public support and compliance with high courts around the world 212
Amanda Driscoll and Martín Gandur
15 Open justice at highest courts 234
Philipp Meyer
16 Courting dissent 254
Hayley Munir and Syed Rashid Munir
17 The theoretical and empirical relationship between legal pluralism and
economic development 271
Valenta Kabo
18 The Caribbean Court of Justice 289
Harold A. Young
19 Law and violence against civilians 305
M.P. Broache
20 Strategic deference of the European Court of Justice 325
Joshua Boston and Dino Hadzic
21 Conclusion to the Research Handbook on Law and Political Systems 344
Kirk A. Randazzo, Rebecca A. Reid, and Robert M. Howard
Index 355