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  3. The Efficacy of Judicial Review
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  • Publisher:
    Cambridge University Press
    Publication date:
    16 July 2025
    04 September 2025
    ISBN:
    9781009388948
    9781009388924
    DOI:
    https://doi.org/10.1017/9781009388948
    Dimensions:
    (229 x 152 mm)
    Weight & Pages:
    0.6kg, 308 Pages
    Dimensions:
    Weight & Pages:
    • Subjects:
    Constitutional and Administrative Law, Law, Comparative Law, Comparative Politics, Jurisprudence
    Series:
    Comparative Constitutional Law and Policy
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    Subjects:
    Constitutional and Administrative Law, Law, Comparative Law, Comparative Politics, Jurisprudence
    Series:
    Comparative Constitutional Law and Policy
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    Book description

    Over the past century, countries around the globe have empowered constitutional courts to safeguard the rule of law. But when can courts effectively perform this vital task? Drawing upon a series of survey experiments fielded in the United States, Germany, Hungary, and Poland, this book demonstrates that judicial independence is critical for judicial efficacy. Independent courts can empower citizens to punish executives who flout the bounds of constitutional rule; weak courts are unable to generate public costs for transgressing the law. Although judicial efficacy is neither universal nor automatic, courts – so long as they are viewed by the public as independent – can provide an effective check on executives and promote the rule of law.

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