Models: Logic of the triad: The logic of the triad in composed of three parts: the court, Litigant 1 and Litigant 2. The logic behind it is that it is universal but inherently unstable (Shapiro agrees). It is natural for people to turn to a 3 rd party bc it allows the dispute to be resolved based on precedent, unbiased, and objectively forming orderly dispute resolution as opposed to using “self help.” Spatial Models: Each branch of gov’t has their ideal point on the political spectrum. The distance between their ideal point and the current status quo results in their bargaining area. This leads to both the dynamic and constrained court views bc if there is tension between the elected braches, the courts have a greater amount of leeway in ruling on the case due to the existence of overrides if one branch is ideologically extreme the court will have political cover to make policy in that direction but the court has to be careful whether its making its decision so it doesn’t get over written.
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ideal point, orderly dispute resolution, current status quo, fragmented political institutions, Political Vacuum hypothesis