Courts across borders: The implications of judicial agency for human rights and democracy

David Jacobson*, Galya Benarieh Ruffer

*Corresponding author for this work

Research output: Contribution to journalArticle

40 Scopus citations

Abstract

The global expansion of human rights has shifted modes of political engagement in significant ways. This article analyzes this shift as one towards "judicial agency," where an increasingly dense web of legal rights mediated by judicial and administrative bodies enables the individual to bypass traditional democratic forms of political mobilization. Through this new mode of political engagement, litigants challenge legislative and executive authority as they cross organizational and even national boundaries through a "nesting process," seeking judicial ways through which they can restructure rules and norms over a range of issues. This development is particularly marked in the European Union.

Original languageEnglish (US)
Pages (from-to)74-92
Number of pages19
JournalHuman Rights Quarterly
Volume25
Issue number1
DOIs
StatePublished - Jan 1 2003

ASJC Scopus subject areas

  • Sociology and Political Science
  • Social Sciences (miscellaneous)

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