Introduction: Towering Judges – A Conceptual and Comparative Analysis

Abstract

This volume is a collection of essays on a new topic in comparative constitutional law: towering judges. The volume discusses nineteen judges of apex and constitutional courts from fourteen jurisdictions. Within their particular political, historical, and institutional settings, each of these judges made a significant impact on the trajectory and development of constitutional law. These judges towered over their peers to distinguish themselves in the local context and, in some cases, globally. Some of these judges became well-known public figures, cultural icons, or political leaders. Some acted in crucial moments in their country’s constitutional history or led their court in a new direction. Others acted in less fraught times and were known primarily within the legal profession. Some were uncontrovertibly respected and valued, while others were complex figures that were subject to debate and criticism. All of them, however, were able to shine individually to an uncommon degree in a profession where individualism is not always looked on favorably. That there are such judges, we think, is indisputable. Everyone can intuit the “towering” judges in their own jurisdiction. But this is the first in-depth study of this phenomenon within the field of comparative constitutional law. The term “towering judge” and the questions we pose about these judges are novel. What makes for a towering judge and what are the possible parameters for assessing their “towering-ness”? What are the background conditions that foster or deter the rise of towering judges? Are towering judges, on balance, positive or detrimental for a constitutional system? How do towering judges differ from one country to another and what are the comparative and global effects on towering judges? How do historical and social development relate to this phenomenon, and is it part of “global constitutionalism”? These questions will be at the center of this volume, and are answered by the rich, varied chapters that comprise it.