Skip to main content Accessibility help
×
Hostname: page-component-77f85d65b8-t6st2 Total loading time: 0 Render date: 2026-04-21T04:02:48.530Z Has data issue: false hasContentIssue false

13 - After the Heroes Have Left the Scene

Temporality in the Study of Constitutional Court Judges

from Part III - Legitimacy, Effectiveness, and Judicial Methods of Decision-Making

Published online by Cambridge University Press:  27 January 2019

Get access

Summary

The first generation of constitutional courts often plays a heroic role in constitutional construction, in part because there is much work to be done and in part because political reasons often lead to staffing these courts with extraordinarily talented individuals. Succeeding courts are often less distinguished, in part because there is less important work to be done, and in part because the first generation courts may have taken actions against the nation’s political leadership that generates a backlash against the courts. Sometimes that backlash leads to the deliberate selection of less talented judges for positions on the constitutional courts. In addition to backlash, successor courts may simply illustrate regression to the mean – the replacement of extraordinary judges with ordinary ones, simply because that is what one would predict about any selection process. These considerations suggest the importance of thinking about “judicial time,” the pace at which courts change, in relation to political time, the pace at which governing political coalitions change.

Information

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

Book purchase

Temporarily unavailable

Save book to Kindle

To save this book to your Kindle, first ensure no-reply@cambridge.org is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

Available formats
×