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Can Courts be Bulwarks of Democracy? - Judges and the Politics of Prudence (Hardcover, New Ed)
Loot Price: R2,954
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Can Courts be Bulwarks of Democracy? - Judges and the Politics of Prudence (Hardcover, New Ed)
Series: Comparative Constitutional Law and Policy
Expected to ship within 12 - 17 working days
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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.
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