Courts

An innovative, interdisciplinary and far-reaching examination of the actual reality of international courts, International Court Authority challenges fundamental preconceptions about when, why, and ho

An innovative, interdisciplinary and far-reaching examination of the actual reality of international courts, International Court Authority challenges fundamental preconceptions about when, why, and ho

For decades, the question of judicial review’s status in a democratic political system has been adjudicated through the framework of what Alexander Bickel labeled "the counter-majoritarian difficulty.

State judicial elections are governed by a unique set of rules that enforce longstanding norms of judicial independence by limiting how judicial candidates campaign. These rules have been a key part o

State judicial elections are governed by a unique set of rules that enforce longstanding norms of judicial independence by limiting how judicial candidates campaign. These rules have been a key part o

For decades, the question of judicial review’s status in a democratic political system has been adjudicated through the framework of what Alexander Bickel labeled "the countermajoritarian difficulty."

Across the globe law in all its variety is becoming more central to politics, public policy and everyday life. Top sociolegal scholars use Kagan's concepts and methods to examine the politics of litig

The Andean Pact was founded in 1969 to build a common market in South America. Andean leaders copied the institutional and treaty design of the European Community, and in the 1970s, member states deci

Leading authorities on judicial elections present the latest cutting edge research on state judicial elections, and how they operate in relation to their past. Starting with an overview of contemporar

Leading authorities on judicial elections present the latest cutting edge research on state judicial elections, and how they operate in relation to their past. Starting with an overview of contemporar

After more than 70 years of uninterrupted authoritarian government headed by the Partido Revolucionario Institucional (PRI), Mexico formally began the transition to democracy in 2000. Unlike most othe

After more than 70 years of uninterrupted authoritarian government headed by the Partido Revolucionario Institucional (PRI), Mexico formally began the transition to democracy in 2000. Unlike most othe

Using the work of Robert A. Kagan’s intellectual contribution on the intensification of law, leading authorities in the study of the politics of regulation and litigation examine the consequences of t

Fragmentation is one of the major debates within international law, but no detailed case studies have been made to show the problems that it creates, and how they can be addressed. This book asks whet

The Court of Justice of the European Union has exclusive jurisdiction over European Union law and holds a broad interpretation of these powers. This, however, may come into conflict with the jurisdict

Cases such as the Maastricht ruling by the German Federal Constitutional Court or the ’Crotty’ decision by the Irish Supreme Court have gone down in the history of European integration as outstanding

This book concerns a topic of increasing importance in international dispute settlement: the principles according to which an international tribunal with a limited jurisdiction may apply 'law' other t

Europeanization of Judicial Review argues that the higher complexity of the political framework in which laws are made today leads to less well-designed laws and loop-holes, allowing politicians to le

"The Court's decisions are interpreted and disseminated via the media. During this process, the media paints an image of the Court and its business. Like any artist, the media has license regarding wh

The Court’s decisions are interpreted and disseminated via the media. During this process, the media paints an image of the Court and its business. Like any artist, the media has license regarding wha

One of the more enduring topics of concern for empirically-oriented scholars of law and courts—and political scientists more generally—is how research can be more directly relevant to broader audience

One of the more enduring topics of concern for empirically-oriented scholars of law and courts—and political scientists more generally—is how research can be more directly relevant to broader audience

States in American Constitutionalism: Interpretation, Authority, and Politics examines the often overlooked role that states have played in the development and maintenance of American constitutionalis

Fragmentation is one of the major debates within international law, but no detailed case studies have been made to show the problems that it creates, and how they can be addressed. This book asks whet

Theoretically, the right to privacy is an individual’s right to space away from the public gaze to make life choices that are best for her or him, regardless of the beliefs of the majority. Yet the ri

Provisional measures of protection, the international equivalent of an interim injunction, are assuming growing importance in international law. This book re-examines the law and practice of the Inter

For many years after its foundation in 1791, the Ordnance Survey was mainly concerned with making small-scale military maps of England. The department had no definite plans for Ireland until 1824, whe

The performance of international courts has traditionally been judged against criteria of compliance and effectiveness. Whilst these are clearly desirable objectives for litigants before Africa's international courts, this book shows that we must look beyond these criteria to fully appreciate the impact of these courts. This book shows how litigants use their participation in international litigation to achieve other objectives: to amplify political disputes with their governments, to build their movement, to educate the public about their cause, and to challenge the status quo. Chapters in this collection show how these courts act as coordination points for opposition political parties to name and shame dominant parties for violation of their organizational rights. Others demonstrate how Africa's international courts serve as transitional justice mechanisms in which truth telling about ongoing conflict and authoritarian governance receives significant attention. This attention serve

This book provides the first in-depth and empirically grounded analysis of the foundations and evolution of the four Latin American and Caribbean regional economic courts: the Central American Court of Justice (CACJ), the Caribbean Court of Justice (CCJ), the Andean Tribunal of Justice (ATJ), and the Mercosur Permanent Review Court (MPRC). While these Courts were established to build common markets and to enforce trade liberalisation, they have often developed bodies of jurisprudence in domains not directly associated with regional economic integration. The CCJ has been most successful in the area of human and fundamental rights; the CACJ has addressed issues related to the enforcement of the rule of law in national legal arenas and longstanding border disputes between the countries of the region; and the ATJ is an island of effective adjudication on intellectual property issues. The particular trajectories of these four Courts suggest that there is no universal formula for success. Ch

Are international courts effective tools for international governance? Do they fulfill the expectations that led to their creation and empowerment? Why do some courts appear to be more effective than

This book examines the compliance record of states parties to proceedings before the International Court of Justice (ICJ), the principal judicial body of the United Nations. It undertakes a comprehens

The proliferation of new international courts and tribunals in recent years has given rise to concerns of jurisdictional overlaps between the new and existing judicial bodies. The book examines what w