1 - Introduction

Summary

This Introductory chapter previews the main argument. I emphasize that there are two key elements in shaping judicial impact for structural cases: the oversight mechanisms that some high courts deploy to monitor compliance with their structural rulings and the advocacy organizations that mobilize in the aftermath of these rulings. The chapter also presents the book’s three main contributions: First, a careful dissection of post-ruling politics uncovers the mechanisms that create impact. Second, through a comparative study of monitoring tools, the book contributes to our understanding of how judicial power is constructed in the Global South. Third, it shows that these courts do not necessarily displace democratic politics, or elected policymakers; instead, they can create new political spaces devoted to special problems.