Judicial Politics and Policy-making in Western Europe

Author: Mary L. Volcansek

Publisher: Routledge

ISBN: 113519369X

Category: Political Science

Page: 170

View: 1126

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.
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Judicial Politics in Mexico

The Supreme Court and the Transition to Democracy

Author: Andrea Castagnola,Saul Lopez Noriega

Publisher: Routledge

ISBN: 1315520605

Category: Political Science

Page: 190

View: 1258

After more than seventy years of uninterrupted authoritarian government headed by the Partido Revolucionario Institucional (PRI), Mexico formally began the transition to democracy in 2000. Unlike most other new democracies in Latin America, no special Constitutional Court was set up, nor was there any designated bench of the Supreme Court for constitutional adjudication. Instead, the judiciary saw its powers expand incrementally. Under this new context inevitable questions emerged: How have the justices interpreted the constitution? What is the relation of the court with the other political institutions? How much autonomy do justices display in their decisions? Has the court considered the necessary adjustments to face the challenges of democracy? It has become essential in studying the new role of the Supreme Court to obtain a more accurate and detailed diagnosis of the performances of its justices in this new political environment. Through critical review of relevant debates and using original data sets to empirically analyze the way justices voted on the three main means of constitutional control from 2000 through 2011, leading legal scholars provide a thoughtful and much needed new interpretation of the role the judiciary plays in a country’s transition to democracy This book is designed for graduate courses in law and courts, judicial politics, comparative judicial politics, Latin American institutions, and transitions to democracy. This book will equip scholars and students with the knowledge required to understand the importance of the independence of the judiciary in the transition to democracy.
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Constitutional Politics and the Judiciary

Decision-making in Central and Eastern Europe

Author: Kalman Pocza

Publisher: Routledge

ISBN: 9781138607644

Category: Constitutional courts

Page: 312

View: 8619

Recent confrontations between constitutional courts and parliamentary majorities, for example in Poland and Hungary, have attracted international interest in the relationship between the judiciary and the legislature in Central and Eastern European countries. Several political actors have argued that courts have assumed too much power after the democratic transformation process in 1989/1990. These claims are explicitly or implicitly connected to the charge that courts have constrained the room for manoeuvre of the legislatures too heavily and that they have entered the field of politics. Nevertheless, the question to what extent has this aggregation of power constrained the dominant political actors has never been examined accurately and systematically in the literature. The present volume fills this gap by applying an innovative research methodology to quantify the impact and effect of court's decisions on legislation and legislators, and measure the strength of judicial decisions in six CEE countries.
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Governing with Judges

Constitutional Politics in Europe

Author: Alec Stone Sweet

Publisher: Oxford University Press

ISBN: 0198297300

Category: Law

Page: 232

View: 1557

Constitutional Politics in Europe: Governing with Judges elaborates a theory of constitutional politics, the process through which the discursive practices and techniques of constitutional adjudication come to structure the work of governments, parliaments, judges, and administrators. Focusingon the cases of France, Germany, Italy, Spain, and the European Union, the book examines the sources and consequences of the pan-European movement to confer constitutional review authority on a new governmental institution, the constitutional court. Detailed case studies illustrate how and to whatextent legislative processes have been placed under the influence of constitutional judges. In a growing number of policy domains, these judges function as powerful, adjunct legislators. As constitutional courts have consolidated their position as authoritative interpreters of the constitutionallaw, and especially of human rights provisions, the work of the judiciary, too, has gradually been constitutionalised. Today, ordinary judges seek to detect violations of the constitution in their application of the various codes, and to rewrite statutes that they deem unconstitutional.Constitutional politics have not only provoked the demise of traditional notions of parliamentary sovereignty, they have organized profound transformations in the very nature of European governance. Stone Sweet argues that constitutional adjudication constructs complex causal linkages between rule systems and normativity, on the one hand, and the strategic behaviour of individuals, on the other. The theory constitutes a novel synthesis of normative and rational approaches to politics. Thebook also addresses central questions raised by a wide range of ongoing theory projects, including the 'new institutionalism,'rational choice, principal-agent theories of delegation, and the new constitutionalism in Continental legal theory.
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Politics, Judicial Review, and the Russian Constitutional Court

Author: C. Thorson

Publisher: Springer

ISBN: 0230368972

Category: Social Science

Page: 199

View: 4864

Analysis of why politicians are driven to create an independent judicial institution with the authority to overrule their decisions. It focuses on a country with no tradition of independent judicial review - Russia. History does not support an independent judiciary here; yet a potentially powerful constitutional court has existed for 20 years.
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Routledge Handbook of European Politics

Author: José M. Magone

Publisher: Routledge

ISBN: 1317628365

Category: Political Science

Page: 984

View: 5029

Since the Treaty of the European Union was ratified in 1993, the European Union has become an important factor in an ever-increasing number of regimes of pooled sovereignty. This Handbook seeks to present a valuable guide to this new and unique system in the twenty-first century, allowing readers to obtain a better understanding of the emerging multilevel European governance system that links national polities to Europe and the global community. Adopting a pan-European approach, this Handbook brings together the work of leading international academics to cover a wide range of topics such as: the historical and theoretical background the political systems and institutions of both the EU and its individual member nations political parties and party systems political elites civil society and social movements in European politics the political economy of Europe public administration and policy-making external policies of the EU. This is an invaluable and comprehensive resource for students, scholars, researchers and practitioners of the European Union, European politics and comparative politics.
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Justice Contained

Law and Politics in the European Union

Author: Lisa J. Conant

Publisher: Cornell University Press

ISBN: 9780801439100

Category: History

Page: 250

View: 4449

In this probing analysis of the European Union's transnational legal system, Lisa Conant explores the interaction between law and politics. In particular, she challenges the widely held view that the European Court of Justice (ECJ) has, through bold judicial activism, brought about profound policy and institutional changes within the EU's member states. She argues convincingly that this court, like its domestic counterparts, depends on the support of powerful organized interests to gain compliance with its rulings. What, Conant asks, are the policy implications of the ECJ's decisions? How are its rulings applied in practice? Drawing on the rich scholarship on the U.S. Supreme Court, Conant depicts the limits that the ECJ and other tribunals have to face. To illuminate these constraints, she traces the impact of ECJ decisions in four instances concerning market competition and national discrimination. She also proposes ways of anticipating which of this court's legal interpretations are likely to inspire major reforms.Justice Contained closes with a comparative analysis of judicial power, identifying the ECJ as an institution with greater similarities to domestic courts than to international organizations. The book advances a deeper understanding both of the court's contributions to European integration and of the political economy of litigation and reform.
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European Union

Power and policy-making

Author: Jeremy Richardson,Sonia Mazey

Publisher: Routledge

ISBN: 1317563832

Category: Political Science

Page: 518

View: 6129

A key textbook for undergraduate and postgraduate students of contemporary European politics, European Union: Power and policy-making 4th edition offers a comprehensive and accessible analysis of the European Union policy process. Intended to advance understanding of the EU as a now mature and ongoing policy system, this book addresses the central issues relating to the distribution of power and influence in the European Union including: Theoretical perspectives The roles of key institutions in the processing of policy problems Different channels of representation The EU as a policy-making state Written by a distinguished group of international scholars, this new edition will also appeal to the worldwide community of researchers on the EU. New to this edition: New chapters on The Politics of Multispeed Europe, The Distribution of Power Among Institutions, EU Agencies, Covert Integration in the European Union, and Political Representation and Democracy in the EU. New authors and theoretical approaches on many topics such as differentiated integration, opt-outs and multi-speed integration, negotiation and coalition building, the interplay of judicial and legislative policy-making, power distribution, agency behaviour, integration by subterfuge, the democratic deficit fully updated data and content throughout Jeremy Richardson is joined by a co-editor, Professor Sonia Mazey, for the fourth expanded edition of this highly regarded textbook on the EU. Jeremy Richardson is an Emeritus Fellow at Nuffield College, Oxford, UK, and Adjunct Professor at the National Centre for Research on Europe, University of Canterbury, New Zealand. He is also Founder and Co-editor of the Journal of European Public Policy Sonia Mazey is a Professor and Pro-Vice-Chancellor of the College of Business and Law, University of Canterbury, New Zealand and formally a Fellow of Keble College, Oxford, UK
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Comparative Politics: Western Europe and the United States: foundations of comparative politics

Author: Howard J. Wiarda

Publisher: Taylor & Francis

ISBN: 9780415330947

Category: Political Science

Page: 400

View: 7491

This collection reprints essential articles in the systematic study of all of the world's political systems. The pieces here focus on issues such as public opinion formation, interest group lobbying, political party activity, as well as the institutions of government, including executives, legislatures, and legal systems. br br The editors have also written an introductory volume explaining the history main approaches, and controversies in the field, covering the debates on formal-legalism, developmentalism, dependency theory, corporatism, rational choice, and much more.
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Judicial Dissent in European Constitutional Courts

A Comparative and Legal Perspective

Author: Katalin Kelemen

Publisher: Routledge

ISBN: 1317110048

Category: Law

Page: 208

View: 1892

Dissent in courts has always existed. It is natural and healthy that judges disagree on legal issues of a certain importance and difficulty. The question is if it is reasonable to conceal dissent. Not every legal system allows judges to explain their disagreement to the public in a separate opinion attached to the judgment of the court. Most constitutional courts do. This book presents a comparative analysis of the practice of judicial dissent in constitutional courts from the perspective of the civil law tradition. It discusses the theoretical background, presents the history of the institution and today’s practice, thus laying down the basis for an accurate consideration of the phenomenon from a legal perspective.
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Politics in Europe

Author: M. Donald Hancock,Christopher J. Carman,Marjorie Castle,David P. Conradt,Raffaella Y. Nanetti,Robert Leonardi,William Safran,Stephen White

Publisher: CQ Press

ISBN: 1483323056

Category: Political Science

Page: 832

View: 3197

Thoroughly updated, this sixth edition of Hancock et al.’s Politics in Europe remains an approachable yet rigorous introduction to the region—the UK, France, Germany, Italy, Sweden, Russia, Poland, and the European Union. Its strong analytic framework and organization, coupled with detailed country coverage written by country experts, ensure that students not only get a robust introduction to each country, but also are able to make meaningful cross-national comparisons. Key updates include the latest in European politics, including recent election results, the content and impact of the Eurozone crisis, the emergence of a new “Nordic model” of welfare capitalism, and coverage of key social and political issues including globalization, terrorism, immigration, gender, religion, and transatlantic relations.
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Controversies in American Federalism and Public Policy

Author: Christopher P. Banks

Publisher: Routledge

ISBN: 1351713388

Category: Law

Page: 200

View: 8549

This interdisciplinary collection presents a scholarly treatment of how the constitutional politics of federalism affect governments and citizens, offering an accessible yet comprehensive analysis of the U.S. Supreme Court’s federalism jurisprudence and its effect on the development of national and state policies in key areas of constitutional jurisprudence. The contributors address the impact that Supreme Court federalism precedents have in setting the parameters of national law and policies that the states are often bound to respect under constitutional law, including those that relate to the scope and application of gun rights, LGBT freedoms, health care administration, anti-terrorism initiatives, capital punishment, immigration and environmental regulation, the legalization of marijuana and voting rights. Uniting scholarship in law, political science, criminology, and public administration, the chapters study the themes, principles, and politics that traditionally have been at the center of federalism research across different academic disciplines. They look at the origins, nature and effect of dual and cooperative federalism, presidential powers and administrative regulation, state sovereignty and states’ rights, judicial federalism and the advocacy of organized interests.
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European Access

Author: Ian Thomson

Publisher: N.A

ISBN: N.A

Category: European communities

Page: N.A

View: 1494

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An Ever More Powerful Court?

The Political Constraints of Legal Integration in the European Union

Author: Dorte Sindbjerg Martinsen

Publisher: OUP Oxford

ISBN: 0191067695

Category: Law

Page: 330

View: 4107

The Court of Justice of the European Union (CJEU) has become famed - and often shamed - for its political power. In scholarly literature, this supranational court has been regarded as a 'master of integration' for its capacity to strengthen integration, sometimes against the will of member states. In the public debate, the CJEU has been severely criticized for extending EU competences at the expense of the member states. In An Ever More Powerful Court? The Political Constraints of Legal Integration in the European Union, Dorte Sindbjerg Martinsen challenges these views with her careful examination of how judicial-legislative interactions determine the scope and limits of European integration in the daily EU decision-making process. Methodologically, the book takes a step forward in the examination of judicial influence, suggesting a 'law attainment' approach as a novel method, combined with a large set of interviews with the current decision-makers of social Europe. Through a study of social policy developments from 1957 to 2014, as well as a critical analysis of three case studies - EU regulation of working time; patients' rights in cross-border healthcare; and EU posting of worker regulations - Martinsen reveals the dynamics behind legal and political integration and the CJEU's ability to foster political change for a European Union social policy.
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Routledge Handbook of Judicial Behavior

Author: Robert M. Howard,Kirk A. Randazzo

Publisher: Routledge

ISBN: 1317430387

Category: Political Science

Page: 518

View: 6142

Interest in social science and empirical analyses of law, courts and specifically the politics of judges has never been higher or more salient. Consequently, there is a strong need for theoretical work on the research that focuses on courts, judges and the judicial process. The Routledge Handbook of Judicial Behavior provides the most up to date examination of scholarship across the entire spectrum of judicial politics and behavior, written by a combination of currently prominent scholars and the emergent next generation of researchers. Unlike almost all other volumes, this Handbook examines judicial behavior from both an American and Comparative perspective.? Part 1 provides a broad overview of the dominant Theoretical and Methodological perspectives used to examine and understand judicial behavior, Part 2 offers an in-depth analysis of the various current scholarly areas examining the U.S. Supreme Court, Part 3 moves from the Supreme Court to examining other U.S. federal and state courts, and Part 4 presents a comprehensive overview of Comparative Judicial Politics and Transnational Courts. Each author in this volume provides perspectives on the most current methodological and substantive approaches in their respective areas, along with suggestions for future research. The chapters contained within will generate additional scholarly and public interest by focusing on topics most salient to the academic, legal and policy communities.
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Biblio 1992

Author: N.A

Publisher: N.A

ISBN: N.A

Category: Europe

Page: N.A

View: 2786

Presenting useful comparative information on EC member countries culled from recent acquisitions of the Commission's Central Library.
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