Participation, Representative Democracy, and the Courts

Rachel A. Cichowski · Alec Stone Sweet

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Judicial and Constitutional Studies Political Theory and Democracy Comparative constitutional jurisprudence studies

Abstract

Abstract This analysis examines the relationship between representative democracy and courts. In particular, it asks to what extent can citizens activate judicial institutions to pursue more diffuse public policy issues and whether this use has grown over time? To assess this change, cross-national variations in three institutional variables: separation of powers, judicially enforceable rights, and rules governing standing to sue state authorities, are examined. The findings reveal increasing levels of public interest litigation around the globe that has led to a creeping judicialization of policy-making.

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References

2000Bowling alone 1956A Pure Theory of Local Expenditures 1970Exit, Voice and Loyalty: Responses to Decline in Firms, Organizations, and States.1991The New Institutionalism in Organizational Analysis 1943Capitalism, Socialism and Democracy.1970Participation and Democratic Theory 1992Modernity and self-identity: self and society in the late modern age 2001Dynamics of Contention

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