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The Role of Constitutional Courts in the Establishment and Maintenance of Democratic Systems of Government

Publication ,  Journal Article
Epstein, L; Knight, J; Shvetsova, O
Published in: Law & Society Review
2001

What role do courts play in the establishment and maintenance of constitutional democracies? To address this question, we elaborate a model that draws on existing substantive literature and on theories that assume strategic behavior on the part of judges, executives, and legislatures. This model, in turn, leads to several behavioral predictions about the interactions among the relevant political actors. Although those predictions could be assessed in many distinct contexts, we focus on Russia. In particular, we provide a demonstration of how the model helps make sense of the behavior of the Constitutional Court (Konstitucjonnyj sud) in light of the difficult political situation it confronted. We conclude with some thoughts on the broader implications of our theory for the study of courts throughout Eastern Europe and how it may well illuminate constitutional politics in other parts of the world.

Duke Scholars

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Published In

Law & Society Review

DOI

ISSN

0023-9216

Publication Date

2001

Volume

35

Issue

1

Start / End Page

117 / 164

Related Subject Headings

  • Criminology
  • 4804 Law in context
  • 4410 Sociology
  • 4402 Criminology
  • 1801 Law
  • 1608 Sociology
  • 1602 Criminology
 

Citation

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Epstein, L., Knight, J., & Shvetsova, O. (2001). The Role of Constitutional Courts in the Establishment and Maintenance of Democratic Systems of Government. Law & Society Review, 35(1), 117–164. https://doi.org/10.2307/3185388
Epstein, L., J. Knight, and O. Shvetsova. “The Role of Constitutional Courts in the Establishment and Maintenance of Democratic Systems of Government.” Law & Society Review 35, no. 1 (2001): 117–64. https://doi.org/10.2307/3185388.
Epstein L, Knight J, Shvetsova O. The Role of Constitutional Courts in the Establishment and Maintenance of Democratic Systems of Government. Law & Society Review. 2001;35(1):117–64.
Epstein, L., et al. “The Role of Constitutional Courts in the Establishment and Maintenance of Democratic Systems of Government.” Law & Society Review, vol. 35, no. 1, 2001, pp. 117–64. Manual, doi:10.2307/3185388.
Epstein L, Knight J, Shvetsova O. The Role of Constitutional Courts in the Establishment and Maintenance of Democratic Systems of Government. Law & Society Review. 2001;35(1):117–164.
Journal cover image

Published In

Law & Society Review

DOI

ISSN

0023-9216

Publication Date

2001

Volume

35

Issue

1

Start / End Page

117 / 164

Related Subject Headings

  • Criminology
  • 4804 Law in context
  • 4410 Sociology
  • 4402 Criminology
  • 1801 Law
  • 1608 Sociology
  • 1602 Criminology