The role of Constitutional Courts in the establishment and maintenance of democratic systems of government

Citation
L. Epstein et al., The role of Constitutional Courts in the establishment and maintenance of democratic systems of government, LAW SOC REV, 35(1), 2001, pp. 117-163
Citations number
160
Categorie Soggetti
Sociology & Antropology
Journal title
LAW & SOCIETY REVIEW
ISSN journal
00239216 → ACNP
Volume
35
Issue
1
Year of publication
2001
Pages
117 - 163
Database
ISI
SICI code
0023-9216(2001)35:1<117:TROCCI>2.0.ZU;2-8
Abstract
What role do courts play in the establishment and maintenance of constituti onal democracies? To address this question, we elaborate a model that draws on existing substantive literature and on theories that assume strategic b ehavior on the part of judges, executives, and legislatures. This model, in turn, leads to several behavioral predictions about the interactions among the relevant political actors. Although those predictions could be assesse d in many distinct contexts, we focus on Russia. In particular, we provide a demonstration of how the model helps make sense of the behavior of the Co nstitutional Court (Konstitucjonnyj sud) in light of the difficult politica l situation it confronted. We conclude with some thoughts on the broader im plications of our theory for the study of courts throughout Eastern Europe and how it may well illuminate constitutional politics in other parts of th e world.