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Association: Name: The Law and Society Association URL: http://www.lawandsociety.org
Citation: URL: http://www.allacademic.com/meta/p303775_index.html Direct Link: HTML Code:

Silverstein, Gordon. "The DNA of Constitutional Courts and Judicial Power: Moments, Means, and Opportunities" Paper presented at the annual meeting of the The Law and Society Association, Grand Hyatt, Denver, Colorado, May 25, 2009 <Not Available>. 2010-01-22 <http://www.allacademic.com/meta/p303775_index.html>

Silverstein, G. , 2009-05-25 "The DNA of Constitutional Courts and Judicial Power: Moments, Means, and Opportunities" Paper presented at the annual meeting of the The Law and Society Association, Grand Hyatt, Denver, Colorado <Not Available>. 2010-01-22 from http://www.allacademic.com/meta/p303775_index.html

Publication Type: Conference Paper/Unpublished Manuscript Review Method: Peer Reviewed Abstract: Many existing studies of courts and judicial power suggest that courts have been assigned or have assumed a number of vital functions around the world ranging from defining and enforcing the boundaries of executive power; institutionalizing the protection of individual rights and liberties; enforcing and signaling a state’s commitment to property rights and providing political insurance that facilitates peaceful transitions of power, among others. While most studies Do these functional roles emerge in a consistent pattern? Are they the product of consistent sets of incentives? Or are they highly culturally and historically specific? The objective here is to step back to develop more general, cross-national and cross-disciplinary theories that will help us to understand the conditions under which courts and judicial authorities play one important role rather than another, play several roles at once, or fail to play any significant role at all. That we are looking at nations, judicial institutions and political traditions that are so fundamentally different, that are embedded in such distinctly different cultural, economic, political and historical circumstances poses a daunting challenge. This paper proposes a method, a means that might generate real opportunities for developing and eventually testing theories that might explain not only the DNA of constitutional courts, but the sequencing of that DNA – the circumstances and conditions that might be expected predictably to generate and entrench the exercise of judicial power in comparative perspective.

Deciding to Reach the Merits: An Examination of Supreme Court and Circuit Court Judicial Power Cases

Contres, the Court and Judicial Review: Testing a Constitutional Separation of Powers Model