Del i serien Cambridge Studies in Constitutional Law

Courts in the Age of Polarization

Supreme and Constitutional Courts in Politically Divided Societies

Inbunden, Engelska, 2026

1 809 kr

Kommande

This book offers the first comprehensive comparative study of how political polarization reshapes the role and functioning of supreme and constitutional courts. Drawing on case studies from the United States, the United Kingdom, Brazil, India, Israel, Germany, Spain, and other jurisdictions, it examines how courts are transformed when deep political and social divisions meet powerful judicial institutions. The book identifies the factors that drive courts toward partisanship, the mechanisms through which polarization alters judicial nominations, decision-making and public trust, and the broader implications for the rule of law and democratic stability. It also analyzes reform proposals aimed at reducing the political stakes surrounding courts or balancing their internal composition. Combining theoretical analysis with rich comparative materials, the book will be of interest to scholars, students, and readers seeking to understand the challenges that polarized democracies face in maintaining legitimate, independent, and effective courts.

Produktinformation

Utgivningsdatum2026-08-31
FormatInbunden
SpråkEngelska
SerieCambridge Studies in Constitutional Law
Antal sidor170
FörlagCambridge University Press
ISBN9781009331951

Tillhör följande kategorier

Rättsvetenskap inom Juridik
Författningsrätt och förvaltningsrätt inom Juridik

Iddo Porat is Professor of Constitutional Law at the College of Law and Business, recipient of the Rockefeller Foundation Residency Fellowship, and former Visiting Professor at Melbourne Law School and San Diego Law School. Porat's co-authored and co-edited books include Proportionality and Constitutional Culture (2013) and Towering Judges (2022). Moshe Cohen-Eliya is Professor of Constitutional Law at the College of Law and Business, founding editor of the Journal of Law and Ethics of Human Rights, and co-author of Proportionality and Constitutional Culture (2013). He has been a visiting professor at leading law schools including LSE, NUS, and HKU.

Introduction; Part I. Theory: 1. Political polarization: definitions, causes, and effects; 2. Polarization and courts: theoretical and general perspectives; Part II. The Three Models: 3. The US; 4. Continental Europe; 5. Westminster model; Part III. Extending the Gaze: 6. Background conditions; 7. The clash – political attacks and judicial reactions; Part IV. Reforms: 8. Reform proposals; 9. Assessment.