Putting Courts Under Pressure : When Lawmakers Push Constitutional Boundaries

Our understanding of the interaction between courts and political branches in modern democracies is incomplete.Courts are traditionally seen as passive but moderating forces in politics, with lawmakers expected to avoid pursuing policies likely to fail constitutional review.This book argues, however, that such an expectation oversimplifies the dynamics at play.Instead, lawmakers often take constitutional risks in their policy choices and challenge courts' ability to enforce constitutional boundaries. Schroeder demonstrates how lawmakers deliberately push constitutional boundaries, signalling credible threats of non-compliance to courts, which respond by easing legal restrictions on lawmakers' policy-making.This perspective challenges the prevailing view that constitutional review deters legislative overreach.Through a formal theoretical model and robust empirical evidence, the book provides counterintuitive insights into when and why courts accommodate lawmakers who disregard constitut