Can Courts be Bulwarks of Democracy?: Judges and the Politics of Prudence

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Jeffrey K. Staton (Emory University, Atlanta) Christopher Reenock (Florida State University)

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)

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English

Cambridge University Press
31 March 2022

Jurisprudence & philosophy of law; Systems of law; Law & society; Legal system: general; Constitutional & administrative law

Series: Comparative Constitutional Law and Policy

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.

By: Jeffrey K. Staton (Emory University Atlanta), Christopher Reenock (Florida State University), Jordan Holsinger (Florida State University)
Imprint: Cambridge University Press
Country of Publication: United Kingdom
Edition: New edition
Dimensions: Height: 235mm, Width: 157mm, Spine: 15mm
Weight: 396g
ISBN: 9781316516737
ISBN 10: 1316516733
Series: Comparative Constitutional Law and Policy
Pages: 200
Publication Date: 31 March 2022
Audience: General/trade , ELT Advanced
Format: Hardback
Publisher's Status: Active

1. Introduction; 2. Democratic regimes and their survival; 3. Political competition and judicial independence; 4. Judicial effects on democratic regime stability; 5. Imprudent politics; 6. Will courts be bulwarks of democracy in the United States?; 7. Conclusion.

Jeffrey K. Staton is Professor of Political Science and Senior Associate Dean of Laney Graduate School, Emory University. He is the author of Judicial Power and Strategic Communication in Mexico (Cambridge University Press, 2010). His research has been supported by the National Science Foundation. Christopher Reenock is Associate Professor of Political Science at Florida State University. He is the co-author of Democratic Policymaking (Cambridge University Press, 2017). His work has been supported by the National Science Foundation and he has been the recipient of the Herbert Kaufman award and the Beryl Radin award. Jordan Holsinger is a Ph.D. candidate at Florida State University. His research focuses on the role of NGOs as promoters of civil society in authoritarian regimes. His research agenda also includes projects on the role of NGOs in authoritarian contexts and the politics of repression.