Can courts be bulwarks of democracy? : judges and the politics of prudence / Jeffrey K. Staton, Emory University, Atlanta; Christopher Reenock, Florida State University; Jordan Holsinger, Florida State University.

By: Contributor(s): Material type: TextTextLanguage: English Series: Comparative constitutional law and policyPublication details: New York: Cambridge University Press, 2022Description: 1 online resourceSubject(s): Additional physical formats: Online version:: Can courts be bulwarks of democracy?DDC classification:
  • 347.012 23
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Contents:
Introduction -- Democratic regimes and their survival -- Political competition and judicial independence -- Judicial effects on democratic regime stability -- Imprudent politics -- Will courts be bulwarks of democracy in the United States? -- Conclusion.
Summary: "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. In each way, courts promote the prudent use of power. We evaluate implications of this argument using a century of global data tracking judicial politics and democratic survival"--
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Item type Home library Collection Shelving location Call number Materials specified Status Date due Barcode
Electronic-Books Electronic-Books OPJGU Sonepat- Campus E-Books Perpetual Central Library 347.012 ST-C (Browse shelf(Opens below)) Available 701869

Includes bibliographical references and index.

Introduction -- Democratic regimes and their survival -- Political competition and judicial independence -- Judicial effects on democratic regime stability -- Imprudent politics -- Will courts be bulwarks of democracy in the United States? -- Conclusion.

"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. In each way, courts promote the prudent use of power. We evaluate implications of this argument using a century of global data tracking judicial politics and democratic survival"--

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