LONG ESSAY

Question 1

CONTRAINT 1

Answer 1

LIMITED NATURE OF CONSTITUTIONAL RIGHTS: bounded nature of human rights prevents courts from hearing or acting on social reform claims…lessens chance of mobilization

EX: abortion

Question 2

CONSTRAINT 2

Answer 2

LIMITS ON JUDICIAL INDEPENDENCE: Needs the other courts to affirm their decisions with legislature, is not able to be powerful on its own, reliant on other branches

EX: appointment of the judges

Question 3

CONSTRAINT 3

Answer 3

IMPLEMENTATION AND INSTITUTIONAL RELATIONS: courts lack the tools to implement decisions ordering significant social reform (Brown)

Question 4

OVERCOME 1

Answer 4

Political or social actors to provide incentive to induce compliance

EX: Fed gov tie money to desegregating schools, daring sistricts to deny the needed money

Question 5

OVERCOME 2

Answer 5

Costs imposed to induce compliance

EX: post 1945 Fed gov using coercive force to desegregate

Question 6

OVERCOME 3

Answer 6

their decision can be implemented by the
market or are in the economic interest of other political actors

EX: court order give administrators who wish to make reforms an
additional tool for obtaining the necessary support and resources.