The Efficacy of Judicial Review

Explains when, where, and how constitutional courts help citizens hold executives to account and protect the rule of law

Constitutional courts are democracy's guardians, yet their ability to withstand challenges to their authority is tenuous. Using surveys fielded in the US, Germany, Poland, and Hungary, this book demonstrates that a court's efficacy depends crucially on both its independence and citizens' support for the rule of law.Over the past century, countries around the globe have empowered constitutional courts to safeguard the rule of law. But when can courts effectively perform this vital task? Drawing upon a series of survey experiments fielded in the United States, Germany, Hungary, and Poland, this book demonstrates that judicial independence is critical for judicial efficacy. Independent courts can empower citizens to punish executives who flout the bounds of constitutional rule; weak courts are unable to generate public costs for transgressing the law. Although judicial efficacy is neither universal nor automatic, courts – so long as they are viewed by the public as independent – can provide an effective check on executives and promote the rule of law.