About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline

39 Comp. Pol. Stud. 3 (2006)

handle is hein.journals/compls39 and id is 1 raw text is: 












                                                        Collparin li Politica1 Studies




                andim Governance
                                                                Rache Ay2006 3-21
                                                            UiestoWahntPulications

Introduction nd t              ti         h  in






                  goas. irs, tey labrat an prmot a ompratvepprachttp:/esd geu~of
                                                                        hosted at
Courts, Democracy, htal//oulinsagepubro                                     om

and Governance

Rachel   A. Cichowski
University of Washington,  Seattle



   This introduction and the articles tat follow are motivated by three main
   goals. First, they elaborate and promote a comparative approach to the study of
   international legal institutions. Second, they seek to better understand the role
   of courts in transforming international and domestic governance. Finally, the
   central aim of the issue is to examine how the legalization of global politics
   may be linked to changes in democratic participation. The overarching aim is
   to examine the factors shaping when and how courts may serve as arenas for
   citizen participation leading to important political, legal, and social develop-
   ments. This introductory article provides a testable framework elaborating
   both the opportunities and limitations of this dynamic for democratic politics.

   Keywords:   judicicialization; governance; democracy; democratic partici-
   pation; judicial politics


In   the past 50 years, courts have incrementally transformed  international
   politics. From war crimes  to the adjudication of trade disputes, judicial
organizations  have  both  empowered and constrained nation-states-the
dominant  actors in global politics. Yet little is known about how this transfor-
mation  may  affect individuals and society at both the domestic and interna-
tional levels. With the expansion of regional and international legal systems,
individuals are now  increasingly  governed  by a dense  and binding  set of
international norms-often   policies constructed with little or no direct dem-
ocratic participation by society. Understanding the interaction between inter-


Author's Note: The author would like to acknowledge insightful comments from Karen Alter,
Lisa Conant, Dan Kelemen, Jim Caporaso, Tanja Btrzel, Sally Kenney, and anonymous review-
ers. The general ideas developed in this piece were also fostered by discussions and earlier col-
laborative work with Alec Stone Sweet (Cichowski & Stone Sweet, 2003). The author would
also like to recognize the Department of Political Science and European Union Center at the Uni-
versity of Washington for their generosity in supporting this research project.


3

What Is HeinOnline?

HeinOnline is a subscription-based resource containing nearly 3,000 academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline with pricing starting as low as $29.95

Contact us for annual subscription options:

Already a HeinOnline Subscriber?

profiles profiles most