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Vol 21 No 11 Nov/Dec 2016

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Criminal Injuries Compensation Claims

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Consequential Courts: Judicial Roles in Global Perspective

Edited by: Diana Kapiszewski, Gordon Silverstein, Robert A. Kagan

ISBN13: 9781107026537
Published: May 2013
Publisher: Cambridge University Press
Country of Publication: UK
Format: Hardback
Price: £69.99
Paperback edition , ISBN13 9781107693746



Despatched in 7 to 9 days.

In the early twenty-first century, courts have become versatile actors in the governance of many constitutional democracies, and judges play a variety of roles in politics and policy making. 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 governance that courts are undertaking and the ways they have come to matter in the political life of their nations. It offers empirically rich accounts of dramatic judicial actions in the Americas, Europe, the Middle East and Asia, exploring the political conditions and judicial strategies that have fostered those assertions of power and evaluating when and how courts' performance of new roles has been politically consequential. By focusing on the content and consequences of judicial power, the book advances a new agenda for the comparative study of courts.

Subjects:
Constitutional and Administrative Law
Contents:
Part I. Expanding Judicial Roles in New or Restored Democracies:
1. The politics of courts in democratization: four junctures in Asia Tom Ginsburg
2. Fragmentation? Defection? Legitimacy? Explaining judicial roles in post-communist 'colored revolutions' Alexei Trochev
3. Constitutional authority and judicial pragmatism: politics and law in the evolution of South Africa's constitutional court Heinz Klug
4. Distributing political power: the constitutional tribunal in post-authoritarian Chile Druscilla L. Scribner
5. The transformation of the Mexican Supreme Court into an arena for political contestation Monica Castillejos-Aragon

Part II. Expanding Judicial Roles in Established Democracies:
6. Courts enforcing political accountability: the role of criminal justice in Italy Carlo Guarnieri
7. The Dutch Hoge Raad: judicial roles played, lost, and not played Nick Huls
8. A consequential court: the US Supreme Court in the twentieth century Robert A. Kagan
9. Judicial constitution-making in a divided society - the Israeli case Amnon Reichman
10. Public interest litigation and the transformation of the Supreme Court of India Manoj Mate
11. The judicial dynamics of the French and European fundamental rights revolution Mitchel de S.-O.-l'E. Lasser
12. Constitutional courts as bulwarks of secularism Ran Hirschl

Part III. Four 'Provocations':
13. Why the legal complex is integral to theories of consequential courts Terence C. Halliday
14. Judicial power: getting it and keeping it John Ferejohn
15. Out of phase: politics, regimes, and regime politics Mark A. Graber
16. The mighty problem continues Martin Shapiro
17. Conclusion: of judicial ships and winds of change Diana Kapiszewski, Gordon Silverstein and Robert A. Kagan.

Series: Comparative Constitutional Law and Policy

Buddhism Politics and the Limits of Law: The Pyrrhic Constitutionalism of Sri Lanka ISBN 9781107152236
To be published January 2017
Cambridge University Press
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Reputation and Judicial Tactics: A Theory of National and International Courts ISBN 9781316621141
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£22.99
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Presidential Legislation in India: The Law and Practice of Ordinances ISBN 9781107546028
Published July 2015
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Social and Political Foundations of Constitutions ISBN 9781107546080
Published July 2015
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£32.99
Magna Carta and its Modern Legacy ISBN 9781107533103
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£23.99
Constitutions and Religious Freedom ISBN 9781107041448
Published March 2015
Cambridge University Press
£65.00
Reputation and Judicial Tactics: A Theory of National and International Courts ISBN 9781107031135
Published October 2014
Cambridge University Press
£65.00
Constitutionalism in Asia in the Early Twenty-first Century
Edited by: Albert Chen
ISBN 9781107043411
Published April 2014
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£70.00
Comparative Constitutional Design ISBN 9781107665378
Published March 2014
Cambridge University Press
£33.99
Presidential Legislation in India: The Law and Practice of Ordinances ISBN 9781107039711
Published February 2014
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£65.00
Social and Political Foundations of Constitutions ISBN 9781107032880
Published December 2013
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£95.00
Consequential Courts: Judicial Roles in Global Perspective ISBN 9781107693746
Published May 2013
Cambridge University Press
£34.99
Comparative Constitutional Design ISBN 9781107020566
Published May 2012
Cambridge University Press
£84.99