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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.
Judicial and political power are inextricably linked in America,
but by the time John Roberts and Samuel Alito joined the Supreme
Court, that link seemed more important, more significant, and more
pervasive than ever before. From war powers to abortion, from
tobacco to integration, from the environment to campaign finance,
Americans increasingly turn away from the political tools of
negotiation, bargaining, and persuasion to embrace what they have
come to believe is a more effective, more efficient, and even more
just world of formal rules, automated procedures, litigation, and
judicial decision-making. Using more than ten controversial policy
case studies, Law's Allure: How Law Shapes, Constrains, Saves, and
Kills Politics draws a roadmap to help politicians, litigators,
judges, policy advocates, and those who study them understand the
motives and incentives that encourage efforts to legalize,
formalize, and judicialize the political process and American
public policy, as well as the risks and rewards these choices can
generate.
Judicial and political power are inextricably linked in America,
but by the time John Roberts and Samuel Alito joined the Supreme
Court, that link seemed more important, more significant, and more
pervasive than ever before. From war powers to abortion, from
tobacco to integration, from the environment to campaign finance,
Americans increasingly turn away from the political tools of
negotiation, bargaining, and persuasion to embrace what they have
come to believe is a more effective, more efficient, and even more
just world of formal rules, automated procedures, litigation, and
judicial decision-making. Using more than ten controversial policy
case studies, Law's Allure: How Law Shapes, Constrains, Saves, and
Kills Politics draws a roadmap to help politicians, litigators,
judges, policy advocates, and those who study them understand the
motives and incentives that encourage efforts to legalize,
formalize, and judicialize the political process and American
public policy, as well as the risks and rewards these choices can
generate.
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