Book contents
- Frontmatter
- Contents
- Contributors
- Introduction
- PART I EXPANDING JUDICIAL ROLES IN NEW OR RESTORED DEMOCRACIES
- Part II EXPANDING JUDICIAL ROLES IN ESTABLISHED DEMOCRACIES
- PART III FOUR “PROVOCATIONS”
- 13 Why the Legal Complex is Integral to Theories of Consequential Courts
- 14 Judicial Power
- 15 Constitutional Politics in the Active Voice
- 16 The Mighty Problem Continues
- Conclusion Of Judicial Ships and Winds of Change
- Index
- References
13 - Why the Legal Complex is Integral to Theories of Consequential Courts
Published online by Cambridge University Press: 05 April 2013
Book contents
- Frontmatter
- Contents
- Contributors
- Introduction
- PART I EXPANDING JUDICIAL ROLES IN NEW OR RESTORED DEMOCRACIES
- Part II EXPANDING JUDICIAL ROLES IN ESTABLISHED DEMOCRACIES
- PART III FOUR “PROVOCATIONS”
- 13 Why the Legal Complex is Integral to Theories of Consequential Courts
- 14 Judicial Power
- 15 Constitutional Politics in the Active Voice
- 16 The Mighty Problem Continues
- Conclusion Of Judicial Ships and Winds of Change
- Index
- References
Summary
A puzzle lies at the heart of the excellent treatments of courts in this volume. With important exceptions, it is the absence of a certain kind of politics. In these pages there are the distal politics of parties and dictators, insurgencies and militaries, civil society and religions, unions and the media. Mostly absent, however, are the most proximate politics to courts – the legal occupations which embed, enable, draft, litigate, implement, oppose, critique, and ally with judges and courts, a configuration of occupations captured by the concept of “the legal complex” (Halliday and Karpik 2011).
There has been a tendency in scholarship on courts in general to permit its hermetic segregation from scholarship on other legal occupations – most notably the legal profession, but also legal academics and practicing lawyers within the state or corporations (Feeley 2012). This detachment from courts in their most immediate institutional context contributes to a hollow core theory of judicial politics, a lacuna which does not properly reflect the practices of such politics either in history or in contemporaneous headlines.
- Type
- Chapter
- Information
- Consequential CourtsJudicial Roles in Global Perspective, pp. 337 - 348Publisher: Cambridge University PressPrint publication year: 2013
References
2007. “The Role of Chile's Legal Complex in the Configuration of a Moderate State.” Pp. 315–344 in The Legal Complex and Struggles for Political Liberalism, edited by , , and . Oxford: Hart Publishing.Google Scholar
. 2012. “Emasculating the Executive: The Federal Court and Civil Liberties in Late Colonial India: 1942–1944.” Pp. 59–90 in Fates of Political Liberalism in the British Post-Colony: The Politics of the Legal Complex, edited by , , and . New York: Cambridge University Press.Google Scholar
2012. “The Legal Complex in the Struggle to Control Police Brutality in India.” Pp. 91–111 in Fates of Political Liberalism in the British Post-Colony: The Politics of the Legal Complex, edited by , , and . New York: Cambridge University Press.CrossRefGoogle Scholar
2012. “Judge and Company: Courts, Constitutionalism and the Legal Complex.” Pp. 493–522 in Fates of Political Liberalism in the British Post-Colony: The Politics of the Legal Complex, edited by , , and . New York: Cambridge University Press.CrossRefGoogle Scholar
2012. “Miscarriage of Chief Justice: Lawyers, Media, and the Struggle for Judicial Independence in Pakistan.” Pp. 340–377 in Fates of Political Liberalism in the British Post-Colony: The Politics of the Legal Complex, edited by , , and . New York: Cambridge University Press.CrossRefGoogle Scholar
. 2007. “Law and the Liberal Transformation of the Northeast Asian Legal Complex in Korea and Taiwan.” Pp. 43–63 in The Legal Complex and Struggles for Political Liberalism, edited by , , and . Oxford: Hart Publishing.Google Scholar
. 2012. “Postcolonial Liberalism and the Legal Complex in Zambia: Elegy or Triumph?” Pp. 412–454 in Fates of Political Liberalism in the British Post-Colony: The Politics of the Legal Complex, edited by , , and . New York: Cambridge University Press.CrossRefGoogle Scholar
1985. “Knowledge Mandates: Collective Influence by Scientific, Normative and Syncretic Professions.” British Journal of Sociology XXXVI: 421–447.CrossRefGoogle Scholar
2010. “The Fight for Basic Legal Freedoms: Mobilization by the Legal Complex.” Pp. 210–240 in Global Perspectives on the Rule of Law, edited by , , and . London: Routledge-Cavendish.Google Scholar
, and (Eds.). 1997a. Lawyers and the Rise of Western Political Liberalism: Europe and North American from the Eighteenth to Twentieth Centuries. Oxford: Clarendon Press.Google Scholar
, and . 1997b. “Politics Matter: A Comparative Theory of Lawyers in the Making of Political Liberalism.” Pp. 15–64 in Lawyers and the Rise of Western Political Liberalism: Europe and North American from the Eighteenth to Twentieth Centuries, edited by and . Oxford: Clarendon Press.Google Scholar
, and . 2012. “Political Liberalism in the British Post-Colony: A Theme with Three Variations.” Pp. 3–58 in Fates of Political Liberalism in the British Post-Colony: The Politics of the Legal Complex, edited by , , and . New York: Cambridge University Press.CrossRefGoogle Scholar
, , and (Eds.). 2007a. Fighting for Political Freedom: Comparative Studies of the Legal Complex for Political Change. Oxford: Hart Publishing.Google Scholar
, , and . 2007b. “The Legal Complex and Struggles for Political Liberalism.” Pp. 1–42 in Fighting for Political Freedom: Comparative Studies of the Legal Complex for Political Change, edited by , , and . Oxford Hart Publishing.Google Scholar
, , and (Eds.). 2012. Fates of Political Liberalism in the British Post-Colony: The Politics of the Legal Complex. New York: Cambridge University Press.CrossRefGoogle Scholar
, and . 2012. “‘Custodian of Civil Liberties and Justice in Malaysia’: The Malaysian Bar and the Moderate State.” Pp. 247–304 in Fates of Political Liberalism in the British Post-Colony: The Politics of the Legal Complex, edited by , , and . New York: Cambridge University Press.CrossRefGoogle Scholar
. 2007. Judges beyond Politics in Democracy and Dictatorship: Lessons from Chile. New York: Cambridge University Press.CrossRefGoogle Scholar
. 2007. “Postscript: Political Lawyering.” Pp. 463–494 in The Legal Complex and Struggles for Political Liberalism, edited by , , and . Oxford: Hart Publishing.Google Scholar
, and . 2011. “The Legal Complex.” Annual Review of Law and Social Science 7: 217–236.CrossRefGoogle Scholar
2004. Judicial Transformations: The Rights Revolution in the Courts of France and Europe. Oxford: Oxford University Press.Google Scholar
. 2012. “‘Priests in the Temple of Justice’: The Indian Legal Complex and the Basic Structure Doctrine.” Pp. 112–148 in Fates of Political Liberalism in the British Post-Colony: The Politics of the Legal Complex, edited by , , and . New York: Cambridge University Press.CrossRefGoogle Scholar
. 2007a. “Mobilising the Law in an Authoritarian State: The Legal Complex in Contemporary Egypt.” Pp. 193–281 in The Legal Complex and Struggles for Political Liberalism, edited by , , and . Oxford: Hart Publishing.Google Scholar
. 2007b. The Struggle for Constitutional Power: Law, Politics, and Economic Development in Egypt. New York: Cambridge University Press.CrossRefGoogle Scholar
. 2012. “From Judicial Autonomy to Regime Transformation: The Role of the Lawyers’ Movement in Pakistan.” Pp. 378–411 in Fates of Political Liberalism in the British Post-Colony: The Politics of the Legal Complex, edited by , , and . New York: Cambridge University Press.Google Scholar
. 2007. “Lawyers and Political Liberalism in Venezuela.” Pp. 345–360 in The Legal Complex and Struggles for Political Liberalism, edited by , , and . Oxford: Hart Publishing.Google Scholar
. 2012. “Legal Complexes and the Fight for Political Liberalism in New African Democracies: Comparative Insights from Malawi, Zambia and Namibia.” Pp. 455–490 in Fates of Political Liberalism in the British Post-Colony: The Politics of the Legal Complex, edited by , , and . New York: Cambridge University Press.CrossRefGoogle Scholar
- 6
- Cited by