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Reconsidering constitutionalism: context and the consequences of judicial review

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TitleInfo
Title
Reconsidering constitutionalism: context and the consequences of judicial review
Name (type = personal)
NamePart (type = family)
Young
NamePart (type = given)
William James
NamePart (type = date)
1988-
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William James Young
Role
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author
Name (type = personal)
NamePart (type = family)
Miller
NamePart (type = given)
Lisa L.
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Lisa L. Miller
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Advisory Committee
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chair
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Kelemen
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R. Daniel
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R. Daniel Kelemen
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Advisory Committee
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co-chair
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Lau
NamePart (type = given)
Richard
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Richard Lau
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Advisory Committee
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internal member
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NamePart (type = family)
Kaufman
NamePart (type = given)
Robert
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Robert Kaufman
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Advisory Committee
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internal member
Name (type = personal)
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Hilbink
NamePart (type = given)
Lisa
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Lisa Hilbink
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Advisory Committee
Role
RoleTerm (authority = RULIB)
outside member
Name (type = corporate)
NamePart
Rutgers University
Role
RoleTerm (authority = RULIB)
degree grantor
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School of Graduate Studies
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school
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Text
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theses
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2019
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2019-10
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2019
Language
LanguageTerm (authority = ISO 639-3:2007); (type = text)
English
Abstract (type = abstract)
For decades, social scientists and legal academics have debated the desirability of strong courts in democratic systems of government. In these debates, however, sweeping claims about the impact of judicial intervention in politics frequently obscure the very different roles that judiciaries play cross-nationally. Moreover, these claims are seldom accompanied by rigorous empirical evidence. Taking these debates as my point of departure, I argue that the institutional context in which judiciaries operate conditions their impact on the democracies they serve. In particular, I distinguish between high courts whose judicial review merely constrains government action and high courts whose judicial review can also mandate the government provide material goods and services. Drawing on original survey experiments in Colombia and Chile, South America, elite interviews, and qualitative case comparisons of the two countries, I find that when courts practice judicial review that constrains government action, it negatively impacts the political participation of ordinary citizens and can lead to increased support for violations of democratic norms. I find no such ill effects when courts practice judicial review that mandates the government provide material goods and services. In neither case do I find evidence that judicial review leads to decreased judicial legitimacy, contrary to the implications of arguments made by many skeptics of judicial power.
Subject (authority = RUETD)
Topic
Political Science
Subject (authority = LCSH)
Topic
Judicial review -- Colombia
Subject (authority = LCSH)
Topic
Judicial review -- Chile
RelatedItem (type = host)
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Title
Rutgers University Electronic Theses and Dissertations
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ETD_10348
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application/pdf
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1 online resource (x, 193 pages) : illustrations
Note (type = degree)
Ph.D.
Note (type = bibliography)
Includes bibliographical references
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School of Graduate Studies Electronic Theses and Dissertations
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rucore10001600001
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NjNbRU
Identifier (type = doi)
doi:10.7282/t3-891e-nc83
Genre (authority = ExL-Esploro)
ETD doctoral
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Rights

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The author owns the copyright to this work.
RightsHolder (type = personal)
Name
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Young
GivenName
William
Role
Copyright Holder
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Type
Permission or license
DateTime (encoding = w3cdtf); (qualifier = exact); (point = start)
2019-09-26 18:15:31
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Name
William Young
Role
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Affiliation
Rutgers University. School of Graduate Studies
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Author Agreement License
Detail
I hereby grant to the Rutgers University Libraries and to my school the non-exclusive right to archive, reproduce and distribute my thesis or dissertation, in whole or in part, and/or my abstract, in whole or in part, in and from an electronic format, subject to the release date subsequently stipulated in this submittal form and approved by my school. I represent and stipulate that the thesis or dissertation and its abstract are my original work, that they do not infringe or violate any rights of others, and that I make these grants as the sole owner of the rights to my thesis or dissertation and its abstract. I represent that I have obtained written permissions, when necessary, from the owner(s) of each third party copyrighted matter to be included in my thesis or dissertation and will supply copies of such upon request by my school. I acknowledge that RU ETD and my school will not distribute my thesis or dissertation or its abstract if, in their reasonable judgment, they believe all such rights have not been secured. I acknowledge that I retain ownership rights to the copyright of my work. I also retain the right to use all or part of this thesis or dissertation in future works, such as articles or books.
Copyright
Status
Copyright protected
Availability
Status
Open
Reason
Permission or license
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Technical

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