Judicial power : how constitutional courts affect political transformations / edited by Christine Landfried.
2019
K3367 .J839 2019 (Mapit)
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Title
Judicial power : how constitutional courts affect political transformations / edited by Christine Landfried.
Added Author
Imprint
Cambridge, United Kingdom ; New York, NY : Cambridge University Press, 2019.
Copyright
©2019
Description
xvii, 392 pages ; 24 cm
Formatted Contents Note
Judicial power and democracy / Martin M. Shapiro
Judicial politics versus ordinary politics : is the constitutional judge caught in the middle? / Michel Rosenfeld
Judicialization of politics or politicization of the courts in new democracies? / Mary L. Volcansek
European judicial appointments reform : a neo-institutional approach / Mitchel Lasser
The law of democracy and the European Court of Human Rights / Richard H. Pildes
Constitutional court and politics : the Polish crisis / Lech Garlicki
Democracy, political crisis, and constitutional jurisdiction : the leading role of the Brazilian Supreme Court / Luís Roberto Barroso and Aline Osório
Judicial power and European integration : the case of Germany / Franz C. Mayer
Fundamental rights in Europe after opinion 2/13 : the hidden promise of mutual trust / Timothy Roes and Bilyana Petkova
Transnational judicial interactions and the diplomatization of judicial decision-making / Gertrude Lübbe-Wolff
Judging methods of mediating conflicts : recognizing and accomodating differences in pluralist legal regimes / Judith Resnik
On the representativeness of constitutional courts : how to strengthen the legitimacy of rights adjudicating courts without undermining their independence / Mattias Kumm
After the heroes have left the scene : temporality in the study of constitutional court judges / Mark Tushnet
What exactly is political about constitutional adjudication? / Dieter Grimm
Populism, constitutional courts, and civil society / Andrew Arato
Judicial power in processes of transformation / Ulrich K. Preuss
Neither legal nor illegal : today's operational spaces barely captured in law / Saskia Sassen.
Judicial politics versus ordinary politics : is the constitutional judge caught in the middle? / Michel Rosenfeld
Judicialization of politics or politicization of the courts in new democracies? / Mary L. Volcansek
European judicial appointments reform : a neo-institutional approach / Mitchel Lasser
The law of democracy and the European Court of Human Rights / Richard H. Pildes
Constitutional court and politics : the Polish crisis / Lech Garlicki
Democracy, political crisis, and constitutional jurisdiction : the leading role of the Brazilian Supreme Court / Luís Roberto Barroso and Aline Osório
Judicial power and European integration : the case of Germany / Franz C. Mayer
Fundamental rights in Europe after opinion 2/13 : the hidden promise of mutual trust / Timothy Roes and Bilyana Petkova
Transnational judicial interactions and the diplomatization of judicial decision-making / Gertrude Lübbe-Wolff
Judging methods of mediating conflicts : recognizing and accomodating differences in pluralist legal regimes / Judith Resnik
On the representativeness of constitutional courts : how to strengthen the legitimacy of rights adjudicating courts without undermining their independence / Mattias Kumm
After the heroes have left the scene : temporality in the study of constitutional court judges / Mark Tushnet
What exactly is political about constitutional adjudication? / Dieter Grimm
Populism, constitutional courts, and civil society / Andrew Arato
Judicial power in processes of transformation / Ulrich K. Preuss
Neither legal nor illegal : today's operational spaces barely captured in law / Saskia Sassen.
Summary
The power of national and transnational constitutional courts to issue binding rulings in interpreting the constitution or an international treaty has been endlessly discussed. What does it mean for democratic governance that non-elected judges influence politics and policies? The authors of Judicial Power - legal scholars, political scientists, and judges - take a fresh look at this problem. To date, research has concentrated on the legitimacy, or the effectiveness, or specific decision-making methods of constitutional courts. By contrast, the authors here explore the relationship among these three factors. This book presents the hypothesis that judicial review allows for a method of reflecting on social integration that differs from political methods, and, precisely because of the difference between judicial and political decision-making, strengthens democratic governance. This hypothesis is tested in case studies on the role of constitutional courts in political transformations, on the methods of these courts, and on transnational judicial interactions.
Note
The power of national and transnational constitutional courts to issue binding rulings in interpreting the constitution or an international treaty has been endlessly discussed. What does it mean for democratic governance that non-elected judges influence politics and policies? The authors of Judicial Power - legal scholars, political scientists, and judges - take a fresh look at this problem. To date, research has concentrated on the legitimacy, or the effectiveness, or specific decision-making methods of constitutional courts. By contrast, the authors here explore the relationship among these three factors. This book presents the hypothesis that judicial review allows for a method of reflecting on social integration that differs from political methods, and, precisely because of the difference between judicial and political decision-making, strengthens democratic governance. This hypothesis is tested in case studies on the role of constitutional courts in political transformations, on the methods of these courts, and on transnational judicial interactions.
Bibliography, etc. Note
Includes bibliographical references and index.
Call Number
K3367 .J839 2019
Language
English
ISBN
9781108425667 hardcover
1108425666 hardcover
9781108443098 paperback
1108443095 paperback
1108425666 hardcover
9781108443098 paperback
1108443095 paperback
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