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Judicial Power in Domestic and International Politics

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  • Staton, Jeffrey K.
  • Moore, Will H.

Abstract

Although scholars have made considerable progress on a number of important research questions by relaxing assumptions commonly used to divide political science into subfields, rigid boundaries remain in some contexts. In this essay, we suggest that the assumption that international politics is characterized by anarchy whereas domestic politics is characterized by hierarchy continues to divide research on the conditions under which governments are constrained by courts, international or domestic. We contend that we will learn more about the process by which courts constrain governments, and do so more quickly, if we relax the assumption and recognize the substantial similarities between domestic and international research on this topic. We review four recent books that highlight contemporary theories of the extent to which domestic and international law binds states, and discuss whether a rigid boundary between international and domestic scholarship can be sustained on either theoretical or empirical grounds.

Suggested Citation

  • Staton, Jeffrey K. & Moore, Will H., 2011. "Judicial Power in Domestic and International Politics," International Organization, Cambridge University Press, vol. 65(3), pages 553-587, July.
    • Handle: RePEc:cup:intorg:v:65:y:2011:i:03:p:553-587_00
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    Citations

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    Cited by:

    1. Emily Hencken Ritter & Courtenay R. Conrad, 2016. "Human rights treaties and mobilized dissent against the state," The Review of International Organizations, Springer, vol. 11(4), pages 449-475, December.
    2. Arthur Dyevre, 2017. "Domestic judicial defiance and the authority of international legal regimes," European Journal of Law and Economics, Springer, vol. 44(3), pages 453-481, December.
    3. Asif Efrat & Abraham L. Newman, 2018. "Divulging data: Domestic determinants of international information sharing," The Review of International Organizations, Springer, vol. 13(3), pages 395-419, September.
    4. Leslie Johns, 2019. "The design of enforcement: Collective action and the enforcement of international law," Journal of Theoretical Politics, , vol. 31(4), pages 543-567, October.
    5. Courtenay R Conrad & Daniel W Hill Jr & Will H Moore, 2018. "Torture and the limits of democratic institutions," Journal of Peace Research, Peace Research Institute Oslo, vol. 55(1), pages 3-17, January.
    6. Courtenay R Conrad & Jacqueline HR DeMeritt & Daniel W Hill & Ryan M Welch & Joseph K Young, 2019. "Will H. Moore’s enduring contribution to peace and conflict studies," Conflict Management and Peace Science, Peace Science Society (International), vol. 36(6), pages 563-569, November.

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