When courts seek to strengthen their own institutional power, they often need to be strategic. In many fraught political contexts, judiciaries lack a history of asserting authority against powerful political actors. How can courts with fragile authority establish and enhance judicial power? Yvonne Tew discusses the phenomenon of strategic judicial empowerment, exploring how and when courts around the world employ particular strategies aimed at enhancing their institutional position vis-à-vis other branches of government. Drawing on examples from apex courts in Pakistan, Malawi, Malaysia, and the United Kingdom, she discusses the ways in which judges use tools of statecraft to enhance the court’s role in the constitutional order.
This talk will be based on Professor Tew’s forthcoming publication, Strategic Judicial Empowerment (American Journal of Comparative Law, forthcoming 2024).
The Vienna Lecture Series on Comparative Constitutional Law & Theory aims to organise a high-level exchange on current and fundamental questions in constitutional law from an international, comparative, interdisciplinary or theoretical perspective. International scholars are invited to present their current research. The Lecture Series takes place at one of the involved universities and welcomes everyone interested in this area of law.
The Vienna Lecture Series on Comparative Constitutional Law and Theory is organised by:
- Prof. Markus Böckenförde, Central European University
- Prof. Iris Eisenberger, University of Vienna
- Prof. András Jakab, University of Salzburg
- Prof. Konrad Lachmayer, Sigmund Freud University
