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Judicial Independence and Judicial Power: Autonomous and Collaborative Power in Comparative Law |
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Abstract:
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While scholars often tend to conflate judicial indpendence and judicial power, I argue that there are sources of judicial power--including legislative delgations and deferrals, and the constitutive effects of judicial indepdence as an aspirtational norm--that cannot be meaningfully described as "indepedent." Rather than jettisoning the concept of judicial indepedence altogether, it is worth considering the difference between power that is autonomous and power than is collaborative. In addition, I argue that when dealing with judicial review, in addition to being empirically problematic there is little reason to believe that judicial independence is normatively desirable. |
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judici (218), court (137), power (134), independ (133), constitut (72), polit (64), legisl (38), studi (36), institut (35), use (35), would (35), concept (34), govern (33), american (30), suprem (28), empir (26), press (26), exampl (26), case (25), make (25), univers (25), |
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Association:
Name: American Political Science Association
URL: http://www.apsanet.org
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Citation:
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MLA Citation:
| Lemieux, Scott. "Judicial Independence and Judicial Power: Autonomous and Collaborative Power in Comparative Law" Paper presented at the annual meeting of the American Political Science Association, Philadelphia Marriott Hotel, Philadelphia, PA, Aug 27, 2003 <Not Available>. 2009-05-26 <http://www.allacademic.com/meta/p62057_index.html> |
APA Citation:
| Lemieux, S. , 2003-08-27 "Judicial Independence and Judicial Power: Autonomous and Collaborative Power in Comparative Law" Paper presented at the annual meeting of the American Political Science Association, Philadelphia Marriott Hotel, Philadelphia, PA Online <.PDF>. 2009-05-26 from http://www.allacademic.com/meta/p62057_index.html |
Publication Type: Conference Paper/Unpublished Manuscript
Review Method: Peer Reviewed
Abstract: While scholars often tend to conflate judicial indpendence and judicial power, I argue that there are sources of judicial power--including legislative delgations and deferrals, and the constitutive effects of judicial indepdence as an aspirtational norm--that cannot be meaningfully described as "indepedent." Rather than jettisoning the concept of judicial indepedence altogether, it is worth considering the difference between power that is autonomous and power than is collaborative. In addition, I argue that when dealing with judicial review, in addition to being empirically problematic there is little reason to believe that judicial independence is normatively desirable. |
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| Document Type: |
.PDF |
| Page count: |
34 |
| Word count: |
9376 |
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| Judicial Independence and Judicial Power: Autonomous and Collaborative Power in Comparative Law Scott E. Lemieux University of Washington Department of Political Science slemieux@u.washington.edu Presented at the Annual Meeting of the American Political Science Association Philadelphia PA. August 30 2003 Work in progress: Do not cite without permission of author I. Introduction After the 1997 Quebec referendum on secession which failed to pass by less than one percent of the vote the Canadian federal government sought to clarify questions concerning |
| Paul M. 1996. The clash of rights: liberty equality and legitimacy in pluralist democracy. New Haven CT: Yale University Press. Spann Girardeau A. 1993. Race against the court: the Supreme Court and minorities in contemporary America. New York: New York University Press. Stone Sweet Alec. 2000. Governing with judges : constitutional politics in Europe. Oxford ; New York: Oxford University Press. Tushnet Mark V. 1999. Taking the Constitution away from the courts. Princeton N.J.: Princeton University Press. —. 2003. |
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