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The Politics of Adjudication addresses the pragmatics of legal decision-making. Against a dominant constitutional paradigm that has asserted the primacy of ideals of independence and impartiality in g

How has the process of political representation changed in the era of globalization? The representation of interests is at the heart of democracy, but how is it that some interests secure a strong voice, while others do not? While each person has multiple interests linked to different dimensions of his or her identity, much of the existing academic literature assumes that interests are given prior to politics by a person's socioeconomic, institutional, or cultural situation. This book mounts a radical challenge to this view, arguing that interests are actively forged through processes of politics. The book develops an analytic framework for understanding how representation takes place - based on processes of identification, mobilization, and adjudication - and explores how these processes have evolved over time. Through a wide variety of case studies, the chapters explore how actors identify their interests, mobilize them into action, and resolve conflicts among them.

How has the process of political representation changed in the era of globalization? The representation of interests is at the heart of democracy, but how is it that some interests secure a strong voice, while others do not? While each person has multiple interests linked to different dimensions of his or her identity, much of the existing academic literature assumes that interests are given prior to politics by a person's socioeconomic, institutional, or cultural situation. This book mounts a radical challenge to this view, arguing that interests are actively forged through processes of politics. The book develops an analytic framework for understanding how representation takes place - based on processes of identification, mobilization, and adjudication - and explores how these processes have evolved over time. Through a wide variety of case studies, the chapters explore how actors identify their interests, mobilize them into action, and resolve conflicts among them.

The contributions in this book address various issues pertaining to the judicialization of politics and the politicization of justice. This theme lends itself to a number of approaches that are of the

The post Cold War proliferation of international adjudicatory bodies and international adjudication has had dramatic effects on both international law and politics, greatly affecting international rel

The post-Cold War proliferation of international adjudicatory bodies and increase in litigation has greatly affected international law and politics. A growing number of international courts and tribun

Leading the debate on the domestic effect of the growing influence of international adjudication, this invaluable text examines Serbia and Croatia’s erratic record of compliance with the International

Leading the debate on the domestic effect of the growing influence of international adjudication, this invaluable text examines Serbia and Croatia’s erratic record of compliance with the International

Judgment Calls tackles one of the most important and controversial legal questions in contemporary America: How should judges interpret the Constitution?In exploring how constitutional adjudication w

This book is an empirical study of contributions by courts in the Global South to comparative constitutionalism. It offers an analytical framework for understanding these constitutional innovations and illustrates them with a qualitative study of the most ambitious case in constitutional adjudication in Latin America over the last decade: the Colombian Constitutional Court's structural injunction affecting the rights of over five million internally displaced people and its implementation process. Although the ruling (known as T25) was handed down in 2004, its monitoring process continues. This book traces the case's evolution from its origin to its effects on policy, politics and public opinion. It also compares the implementation and effects of T25 with those of other rulings on the rights to health, food, housing, and prison overcrowding in Colombia, India and South Africa. The study's insights will be of interest to scholars of comparative constitutionalism in Latin America, Africa

This title was first published in 2000: Constitutional adjudication straddles law and politics, legal and political theory. Referring to legal controversies in Canada (free expression), Ireland (sexu

"The book addresses questions about the roles of law and politics and the challenge of legitimacy in constitutional adjudication in the Supreme Court. With all sophisticated observers recognizing that

Based on empirical research, this book shows how public interest litigation (PIL) grants the appellate courts enormous flexibility in procedure, allowing them to manoeuvre themselves into positions of overweening authority. While PIL cases are usually politically analysed solely in terms of their effects, whether beneficial or disastrous, this book locates the political challenges that PIL poses in its very process, arguing that its fundamentally protean nature stems from its mimicry of ideas of popular justice. It examines PIL as part of a larger trend towards legal informalism in post-Emergency India. Casting a critical eye over these institutional reforms that aimed to adapt the colonial legal inheritance to 'Indian realities', this book looks at the challenges posed by self-consciously culturalist juridical innovations like PIL to ideas of fairness in adjudication, as well as democratic politics.

Law and Outsiders is a collection of 13 essays from leading young scholars covering five important areas of legal scholarship: adjudication, European law and politics, migration, vulnerable minorities