Courts and Political Institutions: A Comparative View

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Cambridge University Press, Sep 4, 2003 - Juvenile Nonfiction - 299 pages
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The frontier between 'law' and 'politics' is not always clear-cut. A large area exists where courts operate, but where governments and parliaments also make decisions. Tim Koopmans compares the way American, British, French and German law and politics deal with different issues: in many instances subjects which are highly 'political' in one country constitute legal issues in another. He considers case law on a range of issues, including human rights protection, federalism, separation of powers, equal protection and the impact of European and international law.
 

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Contents

Introduction
1
12 Comparative approaches
4
13 Comparative methods
6
14 Legal approaches
9
15 Outline of the study
11
The sovereignty of Parliament
15
22 The impact of the British model
20
23 British practice
23
63 French practice
142
Germany
147
65 The common law systems
153
Courts and governments
162
72 Federalism
168
73 The imperial presidency
175
74 Cabinet government
180
75 Dualism in France
187

24 Subordinate and colonial legislation
26
25 Weaknesses of the theory
30
Judicial review of legislation
35
32 The impact of the American model
40
33 American practice
44
34 Judicial restraint and activism
51
35 Collisions with politics
57
The growth of judicial power
63
France
69
the Netherlands
76
44 The influence of the European courts
84
45 Courts and parliaments
91
The limits of judicial review
98
52 The countermajoritarian difficulty
104
53 The area of discretion
108
54 Methods of interpretation
117
55 Preserving democracy
123
The legality of administrative action
129
62 The Conseil dEtat
135
Courts and individual rights
192
82 Protection against police powers
199
83 Church and State
204
84 Methods of protection
210
85 The institutional framework
216
Techniques of judicial protection
223
92 General principles of law
228
93 Access to justice
233
94 Higher law
239
95 Modern constitutionalism
245
A glance at the future
252
102 The end of ideologies
257
103 Globalization and regionalization
263
104 Judicialization
268
105 Law and politics
276
Select bibliography
285
Index
290
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