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Liberal concepts of democracy envision courts as key institutions for the promotion and protection of democratic regimes. Yet social science scholarship suggests that courts are fundamentally constrained in ways that undermine their ability to do so. Recognizing these constraints, this book argues that courts can influence regime instability by affecting inter-elite conflict. They do so in three ways: by helping leaders credibly reveal their rationales for policy choices that may appear to violate legal rules; by encouraging leaders to less frequently make decisions that raise concerns about rule violations; and by encouraging the opposition to accept potential rule violations. Courts promote the prudent use of power in each of these approaches. This book evaluates the implications of this argument using a century of global data tracking judicial politics and democratic survival.

Political questions and judicial power. --- Political questions and judicial power --- Act of state --- Administrative discretion --- Judicial review --- Jurisdiction --- Law --- Rule of law --- Separation of powers --- Judicial activism --- Judicial power and political questions --- Political aspects

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Theoretical accounts of compliance with court orders emphasize the importance of transparency. Most empirical studies of compliance center on high profile political cases, largely ignoring the high-volume, quotidian claims against the state for basic services that constitute the largest share of court dockets in many jurisdictions. This paper uses a unique dataset on compliance with orders from the Constitutional Chamber of the Supreme Court of Costa Rica to examine the determinants of compliance in low salience cases. It finds that orders issued just after the Court announced, in a press conference, that it was monitoring compliance were implemented roughly two months sooner than orders issued just prior to the press conference. These findings suggest that publicity can motivate compliance even in low salience cases.

Administrative & Regulatory Law --- Brown Issues and Health --- Children and Youth --- Compliance --- Constitutions --- Environmental Governance --- Litigation --- Public Sector Development --- Social Development --- Social Protections & Assistance --- Transparency --- Costa Rica