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Judicial ReputationA Comparative Theory$
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Nuno Garoupa and Tom Ginsburg

Print publication date: 2015

Print ISBN-13: 9780226290591

Published to Chicago Scholarship Online: May 2016

DOI: 10.7208/chicago/9780226290621.001.0001

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When Courts Collide: Intracourt Relations and the Problem of Audiences

When Courts Collide: Intracourt Relations and the Problem of Audiences

(p.141) Five When Courts Collide: Intracourt Relations and the Problem of Audiences
Judicial Reputation

Nuno Garoupa

Tom Ginsburg

University of Chicago Press

Chapter Six uses the reputation perspective to consider an important issue in constitutional design: competition among high courts within a given legal system. In recent years, the spread of designated constitutional courts has meant that there are, in many systems, multiple apex courts. In such systems, the relations among top courts are complicated, and we explain how the idea of reputation illuminates the different dynamics identified by scholars who have examined the local conflicts that arise. Our basic account is that, when constitutional courts coexist with supreme courts, the two bodies will invitably compete for reputation but that this is exacerbated by internal divisions in the courts. We also use case studies and an empirical analysis to identify when contests will occur.

Keywords:   constitutional court, Supreme court, conflict, competition

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