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Landau, David --- "Courts and support structures: beyond the classic narrative" [2018] ELECD 771; in Delaney, F. Erin; Dixon, Rosalind (eds), "Comparative Judicial Review" (Edward Elgar Publishing, 2018) 226

Book Title: Comparative Judicial Review

Editor(s): Delaney, F. Erin; Dixon, Rosalind

Publisher: Edward Elgar Publishing

ISBN: 9781788110594

Section: Chapter 12

Section Title: Courts and support structures: beyond the classic narrative

Author(s): Landau, David

Number of pages: 18

Abstract/Description:

This chapter explores and expands upon Charles Epp’s canonical idea of judicial reliance on support structures for success in issuing and implementing decisions. It does so in two ways. First, it draws on examples from a number of countries to argue that support structures are heterogeneous, and that much can be gained by focusing on the different patterns of support for courts. One might, for example, differentiate between political parties, ordinary court judges, domestic civil society groups of different types, international NGOs, or various slices of the public; different forms of support may affect judicial behavior and success in predictable, testable ways. Second, it argues that courts are not just passively reliant on their support structures, but rather that they can take actions, within limits, to strengthen and influence them. It gives examples of ways in which courts can build support from the public, international actors, and other groups.