Courts and political institutions : a comparative view
Type
Book
Authors
ISBN 10
0521533996
ISBN 13
9780521533997
DDC
340
Category
Comparative Study
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Publication Year
2003
Publisher
Pages
xxi, 299 pages
Subject
Comparative study
Tags
Abstract
"The frontier between 'law' and 'politics' is not always clear-cut. A large area exists where courts operate, but 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. Is there, for example a 'sovereign Parliament' (as there is in Britain), or will courts control the compatibility of statutes with the Constitution (as in the United states and Germany)? How far can courts go in controlling the legality of administrative action? Are there general legal theories about the frontier between what courts and what politics can do?Koopmans 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."--Jacket.
Description
Content:
Introduction -- The sovereignty of Parliament -- Judicial review of legislation -- The growth of judicial power -- The limits of judicial review -- The legality of administrative action -- Courts and governments -- Courts and individual rights -- Techniques of judicial protection -- A glance at the future.
Introduction -- The sovereignty of Parliament -- Judicial review of legislation -- The growth of judicial power -- The limits of judicial review -- The legality of administrative action -- Courts and governments -- Courts and individual rights -- Techniques of judicial protection -- A glance at the future.
Biblio Notes
Includes bibliographical references (pages 285-289) and index.
Number of Copies
1
