
Contents
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Introduction: The Anatomy Of Court-Centered Legal Struggles Introduction: The Anatomy Of Court-Centered Legal Struggles
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Legal Opportunity Structures and Formation of Human Rights Claims Legal Opportunity Structures and Formation of Human Rights Claims
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The Litigation Process The Litigation Process
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Claims Formation and Litigants’ Opportunity Structure Claims Formation and Litigants’ Opportunity Structure
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The Legal Opportunity Structure The Legal Opportunity Structure
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Relationship between “Victims” and Litigators Relationship between “Victims” and Litigators
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Research Strategies and Methods of Investigation Research Strategies and Methods of Investigation
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Adjudicating Human Rights Claims: Judges’ Responsiveness and Capability Adjudicating Human Rights Claims: Judges’ Responsiveness and Capability
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Judges’ Opportunity Structure Judges’ Opportunity Structure
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The Law and Interpretative Theory The Law and Interpretative Theory
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Strength of Litigants’ Voice Strength of Litigants’ Voice
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Judicial Independence and the Political Opportunity Structure Judicial Independence and the Political Opportunity Structure
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Judges’ Professional Resources and Norms of Appropriateness Judges’ Professional Resources and Norms of Appropriateness
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Judges’ Ambitions and Backgrounds Judges’ Ambitions and Backgrounds
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Strategies and Methods of Investigation Strategies and Methods of Investigation
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Enforcement and Implementation of Successful Judgments Enforcement and Implementation of Successful Judgments
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Political Responses and Politicians’ Motivation and Opportunity Structure Political Responses and Politicians’ Motivation and Opportunity Structure
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Administrative Responses and Bureaucrats’ Motivation and Opportunity Structure Administrative Responses and Bureaucrats’ Motivation and Opportunity Structure
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Strategies and Methods of Investigation Strategies and Methods of Investigation
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Challenges in Assessing the Impact of Human Rights Litigation Challenges in Assessing the Impact of Human Rights Litigation
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Concluding Remarks Concluding Remarks
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Notes Notes
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References References
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13 Studying Courts in Context: The Role of Nonjudicial Institutional and Socio-Political Realities
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Published:March 2015
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Abstract
This chapter proposes a research strategy for contextualizing legal struggles for human rights in a wider temporal, socio-political, institutional, and dynamic context. Studying the judicialization of matters that were traditionally the domain of public policy is complex, even before taking into account the myriad non-judicial considerations and facilitating or constraining factors that affect processes and outcomes – such as capacity, mobilization, politics, meaning creation, or extra-territorial obligations. The framework presented allows comparative research to proceed in stages, where one phase of data collection answers a set of questions while raising others, and further research addresses new concepts and theoretical concerns. Work of various scholars can thus cumulate iteratively to address complexity in ways that are unfeasible in a single research project.
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