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No Day in CourtAccess to Justice and the Politics of Judicial Retrenchment$
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Sarah Staszak

Print publication date: 2015

Print ISBN-13: 9780199399031

Published to Oxford Scholarship Online: January 2015

DOI: 10.1093/acprof:oso/9780199399031.001.0001

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The Politics of Judicial Retrenchment

The Politics of Judicial Retrenchment

Chapter:
(p.15) 2 The Politics of Judicial Retrenchment
Source:
No Day in Court
Author(s):

Sarah Staszak

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199399031.003.0002

This chapter reviews the ways in which social scientists and legal scholars examine questions of access to courts and proposes an alternative theory of judicial retrenchment. Given that this phenomenon is often viewed through the lens of partisan politics, is considered at its core a question of judicial discretion, and is therefore primarily viewed as a product of fluctuations in legal doctrine, this chapter suggests that we broaden the context in which we view retrenchment to include the more subterranean realm of procedural changes that affect access to courts. This involves recognizing the role that insularity, competing ideologies, and temporality play in understanding retrenchment politics, as well as when retrenchment efforts are likely to succeed or fail.

Keywords:   access to courts, retrenchment, institutional change, rules and procedures, litigation

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