Judicial Power

The power of national and transnational constitutional courts to issue binding rulings in interpreting the constitution or an international treaty has been endlessly discussed. What does it mean for democratic governance that non-elected judges influence politics and policies? The authors of Judicial Power - legal scholars political scientists and judges - take a fresh look at this problem. To date research has concentrated on the legitimacy or the effectiveness or specific decision-making methods of constitutional courts. By contrast the authors here explore the relationship among these three factors. This book presents the hypothesis that judicial review allows for a method of reflecting on social integration that differs from political methods and precisely because of the difference between judicial and political decision-making strengthens democratic governance. This hypothesis is tested in case studies on the role of constitutional courts in political transformations on the methods of these courts and on transnational judicial interactions.