Comparative court-packing

Abstract In the wake of Donald Trump’s presidency, a fierce discussion over expanding US Supreme Court erupted. However, expansion court’s membership is just one several court-packing techniques. Moreover, American debate peculiar due to unique features Court. The aim this article look at from comparative perspective, link debates on tinkering with courts’ composition both sides Atlantic, and bring into conversation diverse scholarship in Global North South. Based experience other parts world, provides new, broader definition that includes not only court question, but also emptying swapping strategies. It then discusses typical justifications for dangers prospective pragmatic mid-level theory allows us assess whether given plan legitimate. argues legitimacy has two dimensions: focusing pursues legitimate (ius ad bellum court-packing) second dimension exploring itself implemented legitimately bello court-packing). This means even if politicians have “just cause” court-packing, their actions are still limited.