Can Courts be Bulwarks of Democracy? : Judges and the Politics of Prudence
Book Details
Format
Hardback or Cased Book
Book Series
Comparative Constitutional Law and Policy
ISBN-10
1316516733
ISBN-13
9781316516737
Publisher
Cambridge University Press
Imprint
Cambridge University Press
Country of Manufacture
GB
Country of Publication
GB
Publication Date
Mar 31st, 2022
Print length
174 Pages
Weight
422 grams
Dimensions
15.60 x 23.60 x 1.60 cms
Product Classification:
Comparative law
Ksh 19,600.00
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Argues that courts can defend democracy by encouraging prudence on the part of leaders and the opposition, making each less likely to pursue troubling policies. The book evaluates the argument with original empirical studies, drawing on 115 years of data on a global sample of democratic regimes.
Liberal concepts of democracy envision courts as key institutions for the promotion and protection of democratic regimes. Yet social science scholarship suggests that courts are fundamentally constrained in ways that undermine their ability to do so. Recognizing these constraints, this book argues that courts can influence regime instability by affecting inter-elite conflict. They do so in three ways: by helping leaders credibly reveal their rationales for policy choices that may appear to violate legal rules; by encouraging leaders to less frequently make decisions that raise concerns about rule violations; and by encouraging the opposition to accept potential rule violations. Courts promote the prudent use of power in each of these approaches. This book evaluates the implications of this argument using a century of global data tracking judicial politics and democratic survival.
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