IDEAS home Printed from https://ideas.repec.org/h/pal/palchp/978-0-230-34349-8_13.html
   My bibliography  Save this book chapter

The ‘War on Terror’ in Court: A Comparative Analysis of Judicial Empowerment

In: The Legacy of the Crash

Author

Listed:
  • Richard J. Maiman

Abstract

The global phenomenon of ‘judicial empowerment’ (Hirschl, 2004) has been the subject of increasing scholarly attention over the last decade (Woods and Hilbink, 2009). The UK is one of the many nations whose courts have recently undergone significant expansions of their legal powers. Although judges in the UK still lack the ultimate authority exercised by their counterparts in the US and elsewhere – to declare laws and executive acts unconstitutional – there is no mistaking their increasing prominence in debates on major issues of public policy. But prominence is not necessarily the same thing as power. In practice, judicial authority does not always live up to the expectations that accompany its creation. Some newly empowered judiciaries have exercised their authority quite aggressively, while others have used their tools only sparingly, if at all. Still others have met with such political resistance that their efforts have amounted to very little (Ginsburg and Moustafa, 2008).

Suggested Citation

  • Richard J. Maiman, 2011. "The ‘War on Terror’ in Court: A Comparative Analysis of Judicial Empowerment," Palgrave Macmillan Books, in: Terrence Casey (ed.), The Legacy of the Crash, chapter 13, pages 242-261, Palgrave Macmillan.
    • Handle: RePEc:pal:palchp:978-0-230-34349-8_13
    DOI: 10.1057/9780230343498_13
    as

    Download full text from publisher

    To our knowledge, this item is not available for download. To find whether it is available, there are three options:
    1. Check below whether another version of this item is available online.
    2. Check on the provider's web page whether it is in fact available.
    3. Perform a search for a similarly titled item that would be available.

    Corrections

    All material on this site has been provided by the respective publishers and authors. You can help correct errors and omissions. When requesting a correction, please mention this item's handle: RePEc:pal:palchp:978-0-230-34349-8_13. See general information about how to correct material in RePEc.

    If you have authored this item and are not yet registered with RePEc, we encourage you to do it here. This allows to link your profile to this item. It also allows you to accept potential citations to this item that we are uncertain about.

    We have no bibliographic references for this item. You can help adding them by using this form .

    If you know of missing items citing this one, you can help us creating those links by adding the relevant references in the same way as above, for each refering item. If you are a registered author of this item, you may also want to check the "citations" tab in your RePEc Author Service profile, as there may be some citations waiting for confirmation.

    For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: Sonal Shukla or Springer Nature Abstracting and Indexing (email available below). General contact details of provider: http://www.palgrave.com .

    Please note that corrections may take a couple of weeks to filter through the various RePEc services.

    IDEAS is a RePEc service. RePEc uses bibliographic data supplied by the respective publishers.