Comparative Courts and the Rule of Law

(3 Credit Hours) · Undergraduate

The death of a Supreme Court Justice triggers a bitter partisan battle over the impending nomination. Is this tragedy unique to the United States? Why are political parties so eager to control the Court? This course will explore how constitutional norms seek to protect judicial independence, and how political parties "game" such constitutional norms worldwide. We will analyze episodes of "packing" and "purging" of supreme courts and constitutional tribunals in different countries. We will investigate the practice of "strategic retirement" in the US Supreme Court, the threat posed by legislative majorities to judicial independence, and the slippery slope of partisan manipulation. We will also address whether judicial purges constitute opportunities for a more balanced judiciary (for instance, in terms of gender). Comparative analysis will help us learn from the experience of other nations. This course will introduce students to basic notions of game theory and quantitative analysis.