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High Courts in Global Perspective

Author: Nuno Garoupa

Publisher: University of Virginia Press

Published: 2021-08-27

Total Pages: 318

ISBN-13: 0813946166

High courts around the world hold a revered place in the legal hierarchy. These courts are the presumed impartial final arbiters as individuals, institutions, and nations resolve their legal differences. But they also buttress and mitigate the influence of other political actors, protect minority rights, and set directions for policy. The comparative empirical analysis offered in this volume highlights important differences between constitutional courts but also clarifies the unity of procedure, process, and practice in the world’s highest judicial institutions. High Courts in Global Perspective pulls back the curtain on the interlocutors of court systems internationally. This book creates a framework for a comparative analysis that weaves together a collective narrative on high court behavior and the scholarship needed for a deeper understanding of cross-national contexts. From the U.S. federal courts to the constitutional courts of Africa, from the high courts in Latin America to the Court of Justice of the European Union, high courts perform different functions in different societies, and the contributors take us through particularities of regulation and legislative review as well as considering the legitimacy of the court to serve as an honest broker in times of political transition. Unique in its focus and groundbreaking in its access, this comparative study will help scholars better understand the roles that constitutional courts and judges play in deciding some of the most divisive issues facing societies across the globe. From Africa to Europe to Australia and continents and nations in between, we get an insider’s look into the construction and workings of the world’s courts while also receiving an object lesson on best practices in comparative quantitative scholarship today. Contributors: Aylin Aydin-Cakir, Yeditepe University, Turkey * Tanya Bagashka, University of Houston * Clifford Carrubba, Emory University * Amanda Driscoll, Florida State University * Joshua Fischman, University of Virginia * Joshua Fjelstul, Washington University in St. Louis * Tom Ginsburg, University of Chicago * Melinda Gann Hall, Michigan State University * Chris Hanretty, University of London * Lori Hausegger, Boise State University * Diana Kapiszewski, Georgetown University * Lewis A. Kornhauser, New York University * Dominique H. Lewis, Texas A&M University * Chien-Chih Lin, Academia Sinica, Taiwan * Sunita Parikh, Washington University in St. Louis * Russell Smyth, Monash University, Australia * Christopher Zorn, Pennsylvania State University Constitutionalism and Democracy

Consequential Courts

Author: Diana Kapiszewski

Publisher: Cambridge University Press

Published: 2013-04-08

Total Pages: 453

ISBN-13: 1107067537

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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.

Justices and Journalists

Author: Richard Davis

Publisher: Cambridge University Press

Published: 2017-02-02

Total Pages: 329

ISBN-13: 1107159989

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A comparative approach to judicial communication offering perspectives on the relationship between national supreme courts and the media covering them.

Consequential Courts

Author: Diana Kapiszewski

Publisher:

Published: 2013

Total Pages:

ISBN-13: 9781107055735

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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 an array of 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 in which 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.

Reimagining the Judiciary

Author: Maria C. Escobar-Lemmon

Publisher: Oxford University Press

Published: 2022-01-13

Total Pages: 216

ISBN-13: 0192606026

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This book examines the factors that facilitate the inclusion of women on high courts, while recognizing that many courts have a long way to go before reaching gender parity. Why did women start appearing on high courts when they did? Where have women made the most significant strides? To address these questions, the authors built the first cross-national and longitudinal dataset on the appointment of women and men to high courts. In addition, they provide five in-depth country case studies us to unpack the selection of justices to high courts in Canada, Colombia, Ireland, South Africa, and the United States. The cross-national lens and combination of quantitative analyses and detailed country studies examines multiple influences across region and time. Focusing on three sets of explanations —pipelines to high courts, domestic institutions, and international influences- analyses reveal that women are more likely to first appear on their country's high court when traditional ideas about who can and should be a judge erode. In some countries, international treaties, regional emulation, and women's international NGOs play a role in disseminating and linking global norms of gender equality in decision-making. Importantly, while informal institutions and reliance on men-dominated networks can limit access, women are making substantial strides in their countries' highest courts where the supply grows, and often where selectors have incentives to select women. Further, sustained pressure from advocacy organizations-at the local, national, and global levels-contributes to some gains. Comparative Politics is a series for researchers, teachers, and students of political science that deals with contemporary government and politics. Global in scope, books in the series are characterized by a stress on comparative analysis and strong methodological rigour. The series is published in association with the European Consortium for Political Research. For more information visit www.ecprnet.eu The series is edited by Susan Scarrow, John and Rebecca Moores Professor of Political Science at the University of Houston, and Jonathan Slapin, Professor of Political Institutions and European Politics, Department of Political Science, University of Zurich.

Climate Change Litigation: Global Perspectives

Author: Ivano Alogna

Publisher: BRILL

Published: 2021-04-26

Total Pages: 567

ISBN-13: 900444761X

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This ground-breaking volume provides analyses from experts around the globe on the part played by national and international law, through legislation and the courts, in advancing efforts to tackle climate change, and what needs to be done in the future. Published under the auspices of the British Institute of International and Comparative Law (BIICL), the volume builds on an event convened at BIICL, which brought together academics, legal practitioners and NGO representatives. The volume offers not only the insights from that event, but also additional materials, sollicited to offer the reader a more complete picture of how climate change litigation is evolving in a global perspective, highlighting both opportunities, and constraints.

Commitment and Cooperation on High Courts

Author: Benjamin Alarie

Publisher: Oxford University Press

Published: 2017-07-25

Total Pages: 200

ISBN-13: 0190466405

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Judicial decision-making may ideally be impartial, but in reality it is influenced by many different factors, including institutional context, ideological commitment, fellow justices on a panel, and personal preference. Empirical literature in this area increasingly analyzes this complex collection of factors in isolation, when a larger sample size of comparative institutional contexts can help assess the impact of the procedures, norms, and rules on key institutional decisions, such as how appeals are decided. Four basic institutional questions from a comparative perspective help address these studies regardless of institutional context or government framework. Who decides, or how is a justice appointed? How does an appeal reach the court; what processes occur? Who is before the court, or how do the characteristics of the litigants and third parties affect judicial decision-making? How does the court decide the appeal, or what institutional norms and strategic behaviors do the judges perform to obtain their preferred outcome? This book explains how the answers to these institutional questions largely determine the influence of political preferences of individual judges and the degree of cooperation among judges at a given point in time. The authors apply these four fundamental institutional questions to empirical work on the Supreme Courts of the US, UK, Canada, India, and the High Court of Australia. The ultimate purpose of this book is to promote a deeper understanding of how institutional differences affect judicial decision-making, using empirical studies of supreme courts in countries with similar basic structures but with sufficient differences to enable meaningful comparison.

Justices and Journalists

Author: Richard Davis

Publisher: Cambridge University Press

Published: 2017-02-02

Total Pages: 329

ISBN-13: 1108108075

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A key intermediary between courts and the public are the journalists who monitor the actions of justices and report their decisions, pronouncements, and proclivities. Justices and Journalists: The Global Perspective is the first volume of its kind - a comparative analysis of the relationship between supreme courts and the press who cover them. Understanding this relationship is critical in a digital media age when government transparency is increasingly demanded by the public and judicial actions are the subject of press and public scrutiny. Richard Davis and David Taras take a comparative look at how justices in countries around the world relate to the media, the interactive points between the courts and the press, the roles of television and the digital media, and the future of the relationship.

Highest Courts and Globalisation

Author: Sam Muller

Publisher: Hague Academic Press

Published: 2011-08-27

Total Pages: 225

ISBN-13: 9789067046084

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Hague Academic Press, a T.M.C. Asser Press imprint Highest national courts were conceived at the pinnacle of the national court hierarchy, with one of their main tasks being the maintenance of a degree of legal coherency within the national legal system. Very often such courts also have the ability to declare national laws in violation of the constitution or international treaties. The interactions within societies and legal systems have consequences on highest national courts, which also increasingly interact with each other. This book investigates the theoretical and practical implications of these phenomena, offering a unique and unprecedented perspective on the issue of highest courts and globalisation from the world's leading scholars and judges.

The Interpretation of International Law by Domestic Courts

Author: Helmut Philipp Aust

Publisher: Oxford University Press

Published: 2016-01-22

Total Pages: 401

ISBN-13: 0191059412

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The Interpretation of International Law by Domestic Courts assesses the growing role of domestic courts in the interpretation of international law. It asks whether and if so to what extent domestic courts make use of the international rules of interpretation set forth in the Vienna Convention on the Law of Treaties. Given the expectation that rules of international law are to have a uniform interpretation and application throughout the world, the practice of domestic courts is considerably more diverse. The contributions to this book analyse three key questions: first, whether international law requires a coherent interpretive approach by domestic courts. Second, whether a common or convergent methodological outlook can be found in domestic court practice. Third, whether a common interpretive approach is desirable from a normative perspective. The book identfies a considerable tension between international law's ambition for universal and uniform application and a plurality of different approaches. This tension between unity and diversity is analysed by a group of leading international lawyers from a wide range of geographical, disciplinary and methodological approaches. Drawing on domestic practice of number of jurisdictions including, among others, Colombia, France, Japan, India, Israel, Mexico, South Africa, the United Kingdom and the United States, the book puts the interpretative practice of domestic courts in a wider context. Its chapters offer doctrinal, practical as well as theoretical perspectives on a central question for international law.