Comparative Judicial Politics
@inproceedings{Ferejohn2004ComparativeJP, title={Comparative Judicial Politics}, author={John A. Ferejohn and Frances Mccall Rosenbluth and Charles R. Shipan}, year={2004} }
It is hard to think of a political system that does not trumpet its commitment to "the rule of law," based on the principle that citizens are better off when the political system establishes rules for all to follow, rather than subjecting citizens either to arbitrary rule or to anarchy1. By entrusting the interpretation and enforcement of laws to legal specialists, the government agrees to abide by its own laws, and the courts can rule against the government to uphold the "laws of the land…
Figures from this paper
59 Citations
Which Independence for the Rule of Law? Lessons from Europe
- Law
- 2009
The Rule of Law is increasingly considered to be a necessary condition for the development of a market economy and a successful democracy. The creation of a stable institutional setting, the…
Political Competition and Judicial Integrity: The Case of Mexico
- Political Science
- 2009
Political competition, over time, both lowers politicians’ resistance to judicial neutrality and increases their electoral motivations to honor political and economic rights of citizens, making…
When do courts matter? Judicial power and human rights in Latin America 1
- Law, Political Science
- 2011
This work, within this context, proves that the jud icial power’s autonomy from the political power (independence) and society’s greater access t o its jurisdiction had a positive relation with the…
Lawyers, judges, and the obstinate state: The French case and an agenda for comparative politics
- History, LawFrench Politics
- 2020
In the field of comparative politics, France is often taken to exemplify the resilience of the centralized modern state. Stanley Hoffmann popularized this thesis by highlighting the French state's…
Toga Party: The Political Basis of Judicial Investigations against MPs in Italy (1983–2013)
- Law
- 2012
Scholars agree that ideology affects judicial decision-making. We demonstrate that this proposition holds true even when the judiciary is independent of political control. Focusing on Italy…
A Model of the Endogenous Development of Judicial Institutions in Federal and International Systems
- Law, Political ScienceThe Journal of Politics
- 2009
Why do sets of sovereign governments create judicial institutions and grant these institutions the power to rule their actions invalid? Once such a court is created, under what conditions is that…
A Model of the Endogenous Development of Judicial Institutions
- Law, Political Science
- 2007
Why do sovereign governments create judicial institutions and grant these institutions the power to rule their actions invalid? Once such a court is created, under what conditions is that court able…
States And Group Rights: Legal Pluralism And The Decentralization Of Judicial Power
- Law
- 2019
When do states decentralize judicial power to ethnic and religious minority groups? This dissertation presents a theory to explain why states are willing to undertake significant transfers of power…
Determinants of Judicial Institutionalization: A Study of the Post-Communist Constitutional Courts
- Law, Political Science
- 2015
This study argues that institutional development of the courts is shaped primarily by the strategies of dominant political actors who attempt to maximize the congruence of the judiciary with their…
The Politics of Principle: The First South African Constitutional Court, 1995-2005
- Law
- 2013
Introduction 1. The Chaskalson Court's achievement 2. A conceptual framework for assessing the performance of constitutional courts in interdisciplinary terms 3. Operationalising the conceptual…
References
SHOWING 1-10 OF 94 REFERENCES
The Political Foundations of Democracy and the Rule of the Law
- EconomicsAmerican Political Science Review
- 1997
This paper develops a game-theoretic approach to the problem of political officials' respect for political and economic rights of citizens. It models the policing of rights as a coordination problem…
Judicial Review in Modern Constitutional Systems
- LawAmerican Political Science Review
- 1952
The problem of guarding the constitution is fundamental in any political system. If the term “constitution” is given a very broad definition, such dictatorial devices as powerful secret police and…
The unintended consequences of unplanned constitutional reform: constitutional politics in Israel
- Law
- 1996
The power of courts to engage in constitutional politics and to apply judicial review is based, in most cases, on a grant of formal authority to do so and on an expansion of that capacity by the…
The Independent Judiciary in an Interest-Group Perspective
- LawThe Journal of Law and Economics
- 1975
We believe that at a deeper level the independent judiciary is not only consistent with, but essential to, the interest-group theory of government. Part I of this paper explains our theory of the…
Congressional Influence on Bureaucracy
- Political Science
- 1990
The purpose of this article is to investigate congressional influence on bureaucracy in a constitutional system in which powers are separated and shared among several branches of government.…
The Nonmajoritarian Difficulty: Legislative Deference to the Judiciary
- Law
- 1993
Theoretical and descriptive studies of the Supreme Court exhibit a curious parallel. Both usually begin from the premise that judicial review is “a deviant institution in a democratic society.” Much…
The Logic of Strategic Defection: Court–Executive Relations in Argentina Under Dictatorship and Democracy
- Political ScienceAmerican Political Science Review
- 2002
Building on the separation-of-powers approach in American politics, this article develops a new micro-level account of judicial decision-making in contexts where judges face institutional insecurity.…
Democracy and the Rule of Law: Dictatorship and the Rule of Law: Rules and Military Power in Pinochet's Chile
- Law
- 2003
Should we associate the rule of law only with democratic legal systems or can we conceive of the rule of laws as an independent phenomenon that may equally be associated with other forms of regime?…
Judicial Independence in Unstable Environments, Argentina 1935-1998
- Political Science
- 2002
Argentina's constitution and electoral rules promote a fragmented polity. It is in those environments that inde- pendent judiciaries develop. Instead, most analysts do not consider the Argentina…
Judicializing Politics, Politicizing Law
- Law, Political Science
- 2002
I INTRODUCTION Since World War II, there has been a profound shift in power away from legislatures and toward courts and other legal institutions around the world. This shift, which has been called…