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@article{1664078, author = {Kosař, David and Šipulová, Katarína}, article_location = {Madison, WI, USA}, article_number = {1}, keywords = {courts; judges; court-packing; court curbing; judicial independence; court presidents; separation of powers; unconstitutional constitutional amendments; informal institutions; Court of Justice of the European Union}, language = {eng}, issn = {2474-9427}, journal = {Constitutional Studies}, title = {How to Fight Court-Packing}, url = {https://constitutionalstudies.wisc.edu/index.php/cs/article/view/52}, volume = {6}, year = {2020} }
TY - JOUR ID - 1664078 AU - Kosař, David - Šipulová, Katarína PY - 2020 TI - How to Fight Court-Packing JF - Constitutional Studies VL - 6 IS - 1 SP - 133-164 EP - 133-164 PB - Center for the Study of Liberal Democracy SN - 24749427 KW - courts KW - judges KW - court-packing KW - court curbing KW - judicial independence KW - court presidents KW - separation of powers KW - unconstitutional constitutional amendments KW - informal institutions KW - Court of Justice of the European Union UR - https://constitutionalstudies.wisc.edu/index.php/cs/article/view/52 L2 - https://constitutionalstudies.wisc.edu/index.php/cs/article/view/52 N2 - Whether we like it or not, court-packing has flourished all over the world. Bolivian, Hungarian, Polish, and Turkish as well as Venezuelan political leaders have recently employed various strategies to stack their courts with loyal judges. Even in consolidated democracies, such as the United States, the possibility of court-packing is discussed with an intensity unheard of for several decades. Yet, our conceptual understanding of the phenomenon is still very limited. This article provides a novel conceptualization of court-packing and identifies three court-packing strategies: (1) the expanding strategy, which includes techniques that increase the size of the court; (2) the emptying strategy, which results in a decrease in the number of sitting judges; and (3) the swapping strategy, which aims at replacing sitting judges. Subsequently, it analyzes the potential safeguards, both formal and informal, against court-packing strategies and shows that formal institutions are rarely enough to fend off court-packing attempts. ER -
KOSAŘ, David and Katarína ŠIPULOVÁ. How to Fight Court-Packing. \textit{Constitutional Studies}. Madison, WI, USA: Center for the Study of Liberal Democracy, 2020, vol.~6, No~1, p.~133-164. ISSN~2474-9427.
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