Moshe Cohen-Eliya – författare

This book offers the first comprehensive comparative study of how political polarization reshapes the role and functioning of supreme and constitutional courts. Drawing on case studies from the United States, the United Kingdom, Brazil, India, Israel, Germany, Spain, and other jurisdictions, it examines how courts are transformed when deep political and social divisions meet powerful judicial institutions. The book identifies the factors that drive courts toward partisanship, the mechanisms through which polarization alters judicial nominations, decision-making and public trust, and the broader implications for the rule of law and democratic stability. It also analyzes reform proposals aimed at reducing the political stakes surrounding courts or balancing their internal composition. Combining theoretical analysis with rich comparative materials, the book will be of interest to scholars, students, and readers seeking to understand the challenges that polarized democracies face in maintaining legitimate, independent, and effective courts.

Although the most important constitutional doctrine worldwide, a thorough cultural and historical examination of proportionality has not taken place until now. This comparison of proportionality with its counterpart in American constitutional law - balancing - shows how culture and history can create deep differences in seemingly similar doctrines. Owing to its historical origin in Germany, proportionality carries to this day a pro-rights association, while the opposite is the case for balancing. In addition, European legal and political culture has shaped proportionality as intrinsic to the state's role in realizing shared values, while in the United States a suspicion-based legal and political culture has shaped balancing in more pragmatic and instrumental terms. Although many argue that the USA should converge on proportionality, the book shows that a complex web of cultural associations make it an unlikely prospect.