Assessing Judicial Empowerment

Thomas Keck (2018)

Keck, Thomas M "Assessing Judicial Empowerment" in Laws 7:2 (2018) p. 1-17

Drawing on an ongoing international data collection effort, our affiliate Thomas Keck examines the free expression jurisprudence of the Supreme Court of Canada and the European Court of Human Rights in an effort to assess the political beneficiaries of judicial empowerment. Free expression is a universally recognized fundamental right, and it is a right that […]

Courts & Power in Latin America & Africa

Siri Gloppen, Bruce M. Wilson, Roberto Gargarella, Elin Skaar, and Morten Kinander (2010)

New York: Palgrave Macmillan 231 p.

Why do courts hold political power-holders accountable in some democratic and democratizing countries, but not in others?  And, why do some courts remain very timid while others—under seemingly similar circumstances—become “hyper-active”? These are questions of central theoretical and practical importance in a context of increasing juridification of politics in many parts of the world, combined […]

Courts & Social Transformation

Roberto Gargarella, Pilar Domingo and Theunis Roux, editors (2006)

Aldershot/Burlington: Ashgate 311 p

Using case studies drawn from Latin America, Africa, India and Eastern Europe, this volume examines the role of courts as a channel for social transformation for excluded sectors of society in contemporary democracies. With a focus on social rightsd litigation in post-authoriatarian regimes or in the context of fragile state control, the contributors assess the […]

Democratization & the Judiciary: Accountability Function of Courts

Siri Gloppen, Roberto Gargarella and Elin Skaar (eds.) (2004)

London: Frank Cass 210 p.

This volume examines the political role of courts in new democracies in Latin America and Africa. Are the courts able to hold political power-holders accountable when they act outside of their constitutionally defined powers? Given the hyper-presidential nature of these regimes, particular focus is on the ability of the courts to say “no” to the […]