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
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Acknowledgments
Introduction
1. Understanding Adjudication
2. The US Supreme Court and Other Federal Courts
3. State Supreme Courts in the United States: The Comparative Advantage
4. Examining the Empirical Study of the Supreme Court of Canada
5. Empirical Studies of Judicial Behavior and Decision-Making in Australian and New Zealand Courts
6. Empirical Studies of Judicial Behavior in the United Kingdom
7. Empirical Studies of Judicial Behavior and Decision-Making on Indian Courts
8. European International Courts: The CJEU and the ECt HR
9. Constitutional Courts in Europe: Quantitative Approaches
10. Empirical Studies of the Behavior of Justices and High Courts in Latin America: An Overview
11. Judicial Behavior Research in East Asia
12. What Do We Know about the Middle Eastern Constitutional Courts?
13. Empirical Studies of African High Courts: An Overview
14. Comparative Studies of Judicial Behavior
15. Overcoming the Barriers to Comparative Judicial Behavior Research
Notes on Contributors
Index
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Nuno Garoupa is Professor of Law and Associate Dean for Research and Faculty Development at George Mason University and coauthor of Judicial Reputation: A Comparative Theory. Rebecca D. Gill is Associate Professor of Political Science at the University of Nevada, Las Vegas, and coauthor of Judicialization of Politics: The Interplay of Institutional Structure, Legal Doctrine, and Politics on the High Court of Australia. Lydia B. Tiede is Associate Professor of Political Science at the University of Houston.
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