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Democracy Transformed?Expanding Political Opportunities in Advanced Industrial Democracies$
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Bruce E. Cain, Russell J. Dalton, and Susan E. Scarrow

Print publication date: 2003

Print ISBN-13: 9780199264995

Published to Oxford Scholarship Online: February 2006

DOI: 10.1093/0199264996.001.0001

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Participation, Representative Democracy, and the Courts

Participation, Representative Democracy, and the Courts

(p.192) 9 Participation, Representative Democracy, and the Courts
Democracy Transformed?

Rachel A. Cichowski (Contributor Webpage)

Alec Stone Sweet (Contributor Webpage)

Oxford University Press

This analysis examines the relationship between representative democracy and courts. In particular, it asks to what extent can citizens activate judicial institutions to pursue more diffuse public policy issues and whether this use has grown over time? To assess this change, cross-national variations in three institutional variables: separation of powers, judicially enforceable rights, and rules governing standing to sue state authorities, are examined. The findings reveal increasing levels of public interest litigation around the globe that has led to a creeping judicialization of policy-making.

Keywords:   courts, democracy, rights, standing to sue, public interest litigation, judicialization

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