Strategic Judicial Empowerment

How do courts use judicial strategy to strengthen their institutional position? Through strategic assertions of power, a court may lay the groundwork for establishing its authority vis-à-vis the other branches of government. These strategies are aimed at affirming and enhancing judicial power, particular in fragile constitutional democracies. This article analyses strategic judicial empowerment from a global perspective, drawing on examples from apex courts in East Asia, South Asia, Southeast Asia, the U.K., and Europe.