Site Meter

The Supreme Court and Docket Control

You may also like...

3 Responses

  1. Miguel says:

    David: I’ve enjoyed your comparative constitutional law posts. I agree with you about the importance of docket control. I have two questions. (1) Why do you think that this is a civil/common law difference rather than a difference in the architecture of national high courts? I tend to think that the distinctions between common and civil law do not always map out well in the area of constitutional law. This is particularly true in Latin America where national high courts often exhibit features both of supreme courts and constitutional courts. (2) The ability to duck important issues is important. Why is it then that the US Supreme Court seems to be the butt of so much criticism while equally powerful constitutional courts (for example Germany’s Constitutional Court) seem to face less criticism?

  2. Miguel says:

    David: I’ve enjoyed your comparative constitutional law posts. I agree with you about the importance of docket control. I have two questions. (1) Why do you think that this is a civil/common law difference rather than a difference in the architecture of national high courts? I tend to think that the distinctions between common and civil law do not always map out well in the area of constitutional law. This is particularly true in Latin America where national high courts often exhibit features both of supreme courts and constitutional courts. (2) The ability to duck important issues is important. Why is it then that the US Supreme Court seems to be the butt of so much criticism while equally powerful constitutional courts (for example Germany’s Constitutional Court) seem to face less criticism?

  3. TJ says:

    David,

    I was with you until the last paragraph, really even until the last sentence. The Supreme Court does often deny cert. on even important cases. But has the Court really ducked deciding cases to avoid criticism or unpopularity? Newdow comes to mind, but there are not many others.

Leave a Reply

Your email address will not be published. Required fields are marked *

You may use these HTML tags and attributes: <a href="" title=""> <abbr title=""> <acronym title=""> <b> <blockquote cite=""> <cite> <code> <del datetime=""> <em> <i> <q cite=""> <strike> <strong>

*
To prove you're a person (not a spam script), type the security word shown in the picture. Click on the picture to hear an audio file of the word.
Anti-spam image