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DAFF 25A11 - Comparative Judicial Politics - Governing with judges

Type d'enseignement : Seminar

Semester : Autumn 2018-2019

Number of hours : 24

Language of tuition : English

Pre-requisite

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Course Description

This course will provide an overview of the major debates in comparative judicial politics and an introduction to the political science of law and courts, a branch of the discipline known as judicial politics. This is not a course on constitutional adjudication law, and the focus will not be on doctrinal analysis or close reading of cases (though cases will be discussed to illustrate and examine the topics of the course). Instead, courts will be evaluated as political institutions and judges as political actors. After theorizing judicial review by introducing students to concepts such as the government of judges, juristocracy, political constitutionalism, specific cases that will be studied include: judicial review models across time and space; constraints on judicial power; conflicts between constitutional courts and the other branches of government; decision making within the judicial hierarchy; judicial appointments.

Teachers

LEFKOPOULOU, Nefeli (Teaching Assistant - PHD in law at Sciences Po)

Course validation

The module is run as a seminar. That means that everyone is expected to attend every class having completed the readings, ready to participate. - Class Participation and 4 Reaction Papers: (worth 40 percent of the final grade) - 1 Individual Oral Presentation (worth 30 percent of the final grade) - 1 Short Research Paper due on Session 10 (worth 30 percent of the final grade)

Required reading

  • Ran Hirsch (2004), Towards Juristocracy. The Origins and Consequences of the New Constitutionalism, Harvard University Press.
  • Alec Stone Sweet (2000), Governing with Judges: Constitutional Politics in Europe. Oxford University Press.

Additional required reading

  • Jon Elster (2013), Securities Against Misrule: Juries, Assemblies and Elections, Cambridge University Press.
  • David L. Faigman (2008), Constitutional Fictions: A Unified Theory of Constitutional Facts.
  • Louis Favoreu (1989), “Constitutional Review in Europe” in Louis Henkin and Albert J Rosenthal, Constitutionalism and Rights, Columbia University Press 1989.
  • Tom Ginsburg (2003), Judicial Review in New Democracies: Constitutional Courts in Asian Cases, Cambridge University Press.
  • Neal Tate C., Torbjorn Vallinder (1997), The Global Expansion of Judicial Power, New York University Press.
  • Mark Tushnet (2000), Taking the Constitution Away From the Courts, Princeton University Press.
  • Georg Vanberg (2005), The Politics of Constitutional Review in Germany, Cambridge University Press
  • Adrian Vermeule (2011), The System of the Constitution, Oxford University Press.