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
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.