“Law is Politics by Other Means?”: In Support of Differentiation

Ralf Michaels —

The struggle over Judge Kavanaugh’s nomination for the US Supreme Court and the subsequent horrible spectacle of the Senate hearings brought about a “genuine question” by a leading economist, Dani Rodrik: “how do we prevent ‘the Supreme Court has always been political’ argument from morphing into ‘judicial independence and the rule of law are political charades’?  Asking for friends in Hungary, Turkey, Poland, etc..” Several authors on this blog (here, here, and here) have given excellent answers to the question, insofar as it affects the United States.

They have been less sure, however, about what to do with the perspective of Rodrik’s “friends in Hungary, Turkey, Poland, etc..”

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