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Judicial Oversight of Elections in Comparative Perspective |
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Abstract:
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Conventional wisdom holds that judges endanger their legitimacy when they engage in oversight of the electoral process. This paper refutes that claim. There is actually a positive relationship between judicial oversight of the political process and public trust in constitutional courts in the new democracies of Eastern Europe. Even the U.S. Supreme Court did not sacrifice public loyalty after Bush v. Gore. Based on case studies of two established and two emerging democracies, it appears that judges in the former feel compelled to provide explicit justification when they supervise the electoral process. Eastern European judges display no similar concern about the propriety of their electoral oversight. |
Most Common Document Word Stems:
court (168), polit (72), judici (62), democraci (61), oversight (59), judg (50), elector (46), case (45), constitut (44), public (43), elect (38), decis (38), process (36), legitimaci (34), may (34), democrat (32), law (28), 2001 (27), review (27), support (26), new (26), |
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Keywords: comparative judicial politics,Eastern Europe,Bush v. Gore,judicial legitimacy,judicial power,elections |
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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:
| Smithey, Shannon. "Judicial Oversight of Elections in Comparative Perspective" Paper presented at the annual meeting of the American Political Science Association, Boston Marriott Copley Place, Sheraton Boston & Hynes Convention Center, Boston, Massachusetts, Aug 28, 2002 <Not Available>. 2009-05-26 <http://www.allacademic.com/meta/p65954_index.html> |
APA Citation:
| Smithey, S. I. , 2002-08-28 "Judicial Oversight of Elections in Comparative Perspective" Paper presented at the annual meeting of the American Political Science Association, Boston Marriott Copley Place, Sheraton Boston & Hynes Convention Center, Boston, Massachusetts Online <.PDF>. 2009-05-26 from http://www.allacademic.com/meta/p65954_index.html |
Publication Type: Conference Paper/Unpublished Manuscript
Review Method: Peer Reviewed
Abstract: Conventional wisdom holds that judges endanger their legitimacy when they engage in oversight of the electoral process. This paper refutes that claim. There is actually a positive relationship between judicial oversight of the political process and public trust in constitutional courts in the new democracies of Eastern Europe. Even the U.S. Supreme Court did not sacrifice public loyalty after Bush v. Gore. Based on case studies of two established and two emerging democracies, it appears that judges in the former feel compelled to provide explicit justification when they supervise the electoral process. Eastern European judges display no similar concern about the propriety of their electoral oversight. |
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.pdf |
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29 |
| Word count: |
7954 |
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| 1 Judicial Oversight of Elections in Comparative Perspective Shannon Ishiyama Smithey Dept. of Justice Studies Kent State University (330) 6720314 ssmithey@kent.edu Prepared for delivery to the annual meeting of the American Political Science Association August 28September 1 2002 Boston Massachusetts. 2 The United States Supreme Court created a stir in December 2000 by agreeing to review that year's presidential election. Much of the academic reaction to Bush v. Gore (2000) was critical of the Court's intervention. 1 In the |
| Choices: Designing Courts in PostCommunist Politics'' Communist and Post Communist Studies 33: 16382. Smithey Shannon Ishiyama and John T. Ishiyama. (nd) ``The Exercise of Judicial Power in PostCommunist Politics.'' forthcoming Law and Society Review. Sunstein Cass R. 1997. ``The Legitimacy of Constitutional Courts: Notes on Theory and Practice.'' East European Constitutional Review: 6163. Sunstein Cass R. 1992. ``Something Old Something New.'' East European Constitutional Review: 1821. Tate C. Neal. 1997. ``Courts and the Breakdown and Recreation of Philippine Democracy: |
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