The Efficacy of Judicial Review

The Rule of Law and the Promise of Independent Courts
Erscheinungsjahr 2025
ISBN: 978-1-009-38892-4
Verlag: Cambridge University Press

Buch, Englisch, 321 Seiten

Reihe: Comparative Constitutional Law and Policy

Over the past century, countries around the globe have empowered constitutional courts to safeguard the rule of law. But when can courts effectively perform this vital task? Drawing upon a series of survey experiments fielded in the United States, Germany, Hungary, and Poland, this book demonstrates that judicial independence is critical for judicial efficacy. Independent courts can empower citizens to punish executives who flout the bounds of constitutional rule; weak courts are unable to generate public costs for transgressing the law. Although judicial efficacy is neither universal nor automatic, courts – so long as they are viewed by the public as independent – can provide an effective check on executives and promote the rule of law.

Autoren/Hrsg.

Driscoll, Amanda

Krehbiel, Jay N.

Nelson, Michael J.

Inhaltsverzeichnis

1. The promise of judicial review; 2. Theorizing judicial efficacy; 3. How, when, and where to evaluate judicial efficacy; 4. Measuring public support for the rule of law; 5. How judicial independence facilitates State constraint; 6. Citizens' convictions and judicial review; 7. Judicial review Amid partisan publics; 8. Do partisan litigants weaken judicial efficacy?; 9. The prospects of judicial review; Bibliography.

Über Autor(innen)

Krehbiel, Jay N.
Jay N. Krehbiel is Associate Professor of Political Science at the University at Buffalo (SUNY). He studies how public support for courts-both international and domestic-affects judicial behavior. Krehbiel is a former Fulbright Scholar at the University of Oslo.

Driscoll, Amanda
Amanda Driscoll is an Associate Professor of Political Science and Law (by Courtesy) at Florida State University. Her research, which considers comparative courts and the rule of law, has been funded by the National Science Foundation and was awarded best conference paper on law and courts by APSA and SPSA.

Nelson, Michael J.
Michael J. Nelson is Professor of Political Science and Affiliate Law Faculty at the Pennsylvania State University. His most recent books, Judging Inequality and The Elevator Effect, both won the Pritchett Award for best book from the Law and Courts Section of APSA.