Law & Society Review

Law & Society Review is a magazine focusing on Law

Articles from Vol. 38, No. 3, September

Constitutional Ethnography: An Introduction
When the well-known paleontologist Stephen Jay Gould was diagnosed with a rare form of cancer, he was told by his doctor that he had eight months to live. But being a scientist who understood statistics, he realized that the doctor was telling him the...
"Constrained" Constitutional Courts as Conduits for Democratic Consolidation
Many constitutional courts, particularly in Central and Eastern Europe, have more power than the "constrained court" model of judicial decisionmaking suggests because they operate in an increasingly international environment. By analyzing the Estonian...
From Democracy to Juristocracy
From Democracy to Juristocracy Carlo Guarneri and Patrizia Pederzoli, From Democracy to Juristocracy? The Power of Judges: A Comparative Study of Courts and Democracy, C. A. Thomas, English editor. Oxford: Oxford University Press, 2002. 235 pages. $75.00...
Judicial Power in Russia: Through the Prism of Administrative Justice
This article assesses the power of judges in Russia (on courts of general jurisdiction, arbitrazh courts, and military courts) in dealing with cases in which the government or one of its officials is a party. Power, that is, the resources of judges to...
Less Democracy, More Courts: A Puzzle of Judicial Review in Russia
This article explores why, throughout the 1990s, some Russian regions created their own constitutional courts and others did not. Contrary to current theories that assert that politicians create a strong and independent judiciary to protect them from...
Progress, Unity, and Democracy: Dissolving Political Parties in Turkey
In this article, I analyze two cases where the Turkish Constitutional Court dissolved political parties during the 1990s. Specifically, I examine the cases against the Islamist Refah (Welfare/Well-Being) Party and the pro-Kurdish Halkin Emek Partisi...
Reconstituting Paradise Lost: Temporality, Civility, and Ethnicity in Post-Communist Constitution-Making
This article focuses on constitutional developments and legal policies in Central Europe since 1989 and elaborates on their temporal analysis with special emphasis on the distinction between demos and ethnos in the political and legal discourse. Using...
The Impact of Legal Mobilization and Judicial Decisions: The Case of Official Minority-Language Education Policy in Canada for Francophones outside Quebec
The article investigates the impact of legal mohilization and judicial decisions on official minority-language education (OMLE) policy in the Canadian provinces outside Quebec, using the "factor-oriented" and "dispute-centered" theories of judicial impact...
Women's Rights, the European Court, and Supranational Constitutionalism
This analysis examines supranational constitutionalism in the European Union (EU). In particular, the study focuses on the role of the European Court of Justice in the creation of women's rights. I examine the interaction between the Court and member...