Judicial Power

Explores the relationship between the legitimacy, the efficacy, and the decision-making of national and transnational constitutional courts.

Introduction Christine Landfried; Part I. Democratic Legitimacy of Judicial Power: 1. Judicial power and democracy Martin M. Shapiro; 2. Judicial politics versus ordinary politics: is the constitutional court judge caught in the middle? Michel Rosenfeld; 3. Judicialization of politics or politicization of the courts in new democracies? Mary L. Volcansek; 4. European judicial appointments reform: a neo-institutional approach Mitchel Lasser; 5. The law of democracy and the European Court of human rights Richard H. Pildes; Part II. Democratic Effectiveness of Judicial Power: 6. Constitutional court and politics: the Polish crisis Lech Garlicki; 7. Democracy, political crisis, and constitutional jurisdiction: the leading role of the Brazilian Supreme Court Luís Roberto Barroso and Aline Osório; 8. Judicial power and European integration: the case of Germany Franz C. Mayer; 9. Fundamental rights in Europe after opinion 2/13: the hidden promise of mutual trust Timothy Roes and Bilyana Petkova; Part III. Legitimacy, Effectiveness, and Judicial Methods of Decision-Making: 10. Transnational judicial interactions and the diplomatization of judicial decision-making Gertrude Lübbe-Wolff; 11. Judging methods of mediating conflicts: recognizing and accommodating differences in pluralist legal regimes Judith Resnik; 12. On the representativeness of constitutional courts: how to strengthen the legitimacy of rights adjudicating courts without undermining their independence Mattias Kumm; 13. After the heroes have left the scene: temporality in the study of constitutional court judges Mark Tushnet; Part IV. Judicial Power in Processes of Transformation: 14. What exactly is political about Constitutional Adjudication? Dieter Grimm; 15. Populism, constitutional courts, and civil society Andrew Arato; 16. Judicial power in processes of transformation Ulrich K. Preuß; 17. Neither legal nor illegal: today's operational spaces barely captured in law Saskia Sassen.