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date: 08 July 2020

Abstract and Keywords

The historical study of the politics of law and courts precedes and in some ways runs parallel to the study of American political development. The two approaches to law and courts have often had somewhat different emphases. American political development has often emphasized the ways in which judges obstruct the policies of other political actors, while law-and-courts scholars have lately emphasized the ways in which judges operate in tandem with other political actors. The resurgence of historical approaches to studying law and the courts has also brought new interest in the development of legal ideas and the role of political ideology and intellectual constructs in shaping legal decisions.

Keywords: law, courts, judicial review, historical institutionalism, constitutions, regime politics

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