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Judicial Politics and Policy-making in Western Europe
Focusing on the intersection of politics and law in six western European countries and in two supra-national bodies, the contributors here aim to debunk the myth that judges are merely "la bouche de la loi" and analyze similiarities in policy-making of the judiciaries from one nation to the next.
Judicial Power
Explores the relationship between the legitimacy, the efficacy, and the decision-making of national and transnational constitutional courts.
Difference and Democracy
»Differenz« ist eine noch häufig vernachlässigte Dimension sozialer Interaktion, die jedoch als Forschungsfeld an Bedeutung gewinnt. Der Band untersucht das positive Potenzial von Differenz – der Ideen, Interessen oder Institutionen – und zeigt, unter welchen Bedingungen sie einen Gewinn für effektives und legitimes Handeln in demokratischen Systemen darstellt. Die Beiträger sind Politikwissenschaftler, Soziologen, Kommunikationswissenschaftler, Rechtswissenschaftler und Kunsthistoriker.
The Birth of Judicial Politics in France
The French Constitutional Council, a quasi-judicial body created at the dawn of the Fifth Republic, functioned in relative obscurity for almost two decades until its emergence in the 1980s as a pivotal actor in the French policymaking process. Alec Stone focuses on how this once docile institution, through its practice of constitutional review, has become a meaningfully autonomous actor in the French political system. After examining the formal prohibition against judicial review in France, Stone illustrates how politicians and the Council have collaborated over the course of the last decade, often unintentionally and in the service of contradictory agendas, to significantly enhance Council's power. While the Council came to function as a third house of Parliament, the legislative work of the government and Parliament was meaningfully "juridicized." Through a discussion of broad theoretical issues, Stone then expands the scope of his analysis to the politics of constitutional review in Germany, Spain, and Austria.
The Constitutional Jurisprudence of the Federal Republic of Germany
Kommers's comprehensive work surveys the development of German constitutional doctrine between 1949, when the Federal Constitutional Court was founded, and 1996. Extensively revised and expanded to take into account recent developments since German unification, this second edition describes the background, structure, and functions of the Court and provides extensive commentary on German constitutional interpretation, and includes translations of seventy-eight landmark decisions. These cases include the highly controversial religious liberty and free speech cases handed down in 1995.
Parliamentary Bills of Rights
How do bills of rights influence legislative decision-making in New Zealand and the United Kingdom?
Parties and Their Members
Why would parties continue to care about membership enrollment in an age of television campaigning and direct-mail fundraising? To answer this question, Parties and their Members traces organizing strategies employed by British and German membership parties during the past half century. Using careful analysis of historical records and interviews with party officials, the author shows that party organizers have reacted to technological and social developments by modifyingtheir ideas about how members can help parties achieve their goals.
Appointing Judges in an Age of Judicial Power
The main aim of this volume is to analyse common issues arising from increasing judicial power in the context of different political and legal systems, including those in North America, Africa, Europe, Australia, and Asia.
Constitutional Justice, East and West
How can the power of constitutional judges to overturn parliamentary choices on the basis of their own reading of the constitution, be reconciled with fundamental democratic principles which assign the supreme role in the political system to parliaments? This time-honoured question acquired a new significance when the post-commumst countries of Central and Eastern Europe, without exception, adopted constitutional models in which constitutional courts play a very significant role, at least in theory. Can we learn something about the relationship between democracy and constitutionalism in general, from the meteoric rise of constitutional tribunals in the post-communist countries? Can the discu...
The Global Expansion of Judicial Power
In Russia, as the confrontation over the constitutional distribution of authority raged, Boris Yeltsin's economic program regularly wended its way in and out of the Constitutional Court until Yeltsin finally suspended that court in the aftermath of his clash with the hard-line parliament. In Europe, French and German legislators and executives now routinely alter desired policies in response to or in anticipation of the pronouncements of constitutional courts. In Latin America and Africa, courts are--or will be-- important participants in ongoing efforts to establish constitutional rules and policies protect new or fragile democracies from the threats of military intervention, ethnic conflic...
