"Contemporary democracies have granted an expansive amount of power to unelected judges that sit in constitutional or supreme courts. This power shift has never been easily squared with the institutional backbones through which democracy is popularly supposed to be structured. T…
"Law is fast globalizing as a field, and many lawyers, judges and political leaders are engaged in a process of comparative "borrowing". But this new form of legal globalization has darksides: it is not just a source of inspiration for those seeking to strengthen and improve dem…
"Judicial Deliberations" compares how and why the European Court of Justice, the French Cour de cassation and the US Supreme Court offer different approaches for generating judicial accountability and control, judicial debate and deliberation, and ultimately judicial legitimacy.…
Twenty-five years after the fall of the Berlin Wall, the democratic ascendency of the post-Soviet era is under severe challenge. While fragile democracies in Eastern Europe, Africa, and East Asia face renewed threats, the world has witnessed the failed democratic promises of the…
"Twenty-five years after the fall of the Berlin Wall, the democratic ascendency of the post-Soviet era is under severe challenge. While fragile democracies in Eastern Europe, Africa, and East Asia face renewed threats, the world has witnessed the failed democratic promises of th…
Twenty-five years after the fall of the Berlin Wall, the democratic ascendency of the post-Soviet era is under severe challenge. While fragile democracies in Eastern Europe, Africa, and East Asia face renewed threats, the world has witnessed the failed democratic promises of the…
Présentation de l'éditeur : "Twenty-five years after the fall of the Berlin Wall, the democratic ascendency of the post-Soviet era is under severe challenge. While fragile democracies in Eastern Europe, Africa, and East Asia face renewed threats, the world has witnessed the fail…
Introduction : The Burden of Modern Democracy -- The American Paradox -- The Boundaries of Democracy -- Types of Threats -- Responses to Antidemocratic Threats -- Judging Militant Democracy -- Giving Up Power -- The Promise of Constitutional Democracy -- Transition in South Afri…
Twenty-five years after the fall of the Berlin Wall, the democratic ascendency of the post-Soviet era is under severe challenge. While fragile democracies in Eastern Europe, Africa, and East Asia face renewed threats, the world has witnessed the failed democratic promises of the…
Twenty-five years after the fall of the Berlin Wall, the democratic ascendency of the post-Soviet era is under severe challenge. While fragile democracies in Eastern Europe, Africa, and East Asia face renewed threats, the world has witnessed the failed democratic promises of the…
"Twenty-five years after the fall of the Berlin Wall, the democratic ascendency of the post-Soviet era is under severe challenge. While fragile democracies in Eastern Europe, Africa, and East Asia face renewed threats, the world has witnessed the failed democratic promises of th…
This revisionary perspective on South Africa's celebrated Constitutional Court draws on historical and empirical sources alongside conventional legal analysis to show how support from the African National Congress government and other political actors has underpinned the Court's…
"Towering Judges and Global Constitutionalism Iddo Porat* In 2016, judges from around the world met, for the 20th time, at the Yale Law School Global Constitutional Seminar. Opening this meeting, Yale Law Professor Owen Fiss described the circumstances that led to the creation o…
"Towering Judges and Global Constitutionalism Iddo Porat* In 2016, judges from around the world met, for the 20th time, at the Yale Law School Global Constitutional Seminar. Opening this meeting, Yale Law Professor Owen Fiss described the circumstances that led to the creation o…
