This review essay analyzes Ran Hirschl's recent important book entitled Toward Juristocracy. The book sets out a leftwing case against individual rights and constitutionalism, examining the creation of bills of rights in several nations. In each case, he argues and presents evidence that the...

This article provides an empirical study of the effect of precedent on judicial decisionmaking. Precedent is much analyzed as a controlling factor for judicial decisions but rarely tested for its effect. Some have argued that reliance on precedent creates a system of path dependence of the law,...