结构性改革能修复最高法院吗?

Can Structural Changes Fix the Supreme Court?

Journal of Economic Perspectives · 2021
被引 11
人大 A-ABS 4

中文导读

评估美国最高法院是否面临合法性危机,并分析任期限制、年龄限制等改革方案能否解决制度缺陷,结论是多数改革效果有限,并提出每届总统任期分配两个终身任命名额的替代方案。

Abstract

Proposals for structural changes to the US Supreme Court have attracted attention in recent years amid a perceived “legitimacy crisis” afflicting the institution. This article first assesses whether the court is in fact facing a legitimacy crisis and then considers whether prominent reform proposals are likely to address the institutional weaknesses that reformers aim to resolve. The article concludes that key trends purportedly contributing to the crisis at the court are more ambiguous in their empirical foundations and normative implications than reformers often suggest. It also argues that prominent reform proposals—including term limits, age limits, lottery selection of justices, and explicit partisan balance requirements for court membership—are unlikely to resolve the institutional flaws that proponents perceive. It ends by suggesting a more modest (though novel) reform, which would allocate two lifetime appointments per presidential term and allow the size of the court to fluctuate within bounds.

美国最高法院合法性危机结构性改革法官任期限制