LSJ 367 Lecture 10: Courts in New Democracies
1 Dec 2016
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Document Summary
Three waves of democracy: (1) first wave - united states. Continuous to be the lead court in the world with very extensive judicial review powers. Marbury vs. madison (1803) - established judicial review (2) second wave - post fascism/post-colonialism/post wwii (1950s, 1960s, 1970s) Us was very instrumental to the construction of the german and japanese constitution post. Wwii (3) third wave - post communist/authoritarian (1980s, 90s) Constitutional courts give meaning to the constitution/actively grow the body of constitutional law. Two approaches: (1) bring clarity/stability of the constitution through interpretation of particular rights (cid:9633) What role should courts and the use of judicial review play in new democracies? (clarity through interpretation or purposeful development of constitution) Vertical separation of powers cases - division of power between federal vs. state/local government (cid:9675) Horizontal separation of powers cases - dispute between bodies within the government (different offices, different institutions)
