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Governing with Judges: Constitutional Politics in Europe

Autor Alec Stone Sweet
en Limba Engleză Hardback – 26 ian 2000
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. Focusing on 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 what extent 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 constitutional law, 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. The book 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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Specificații

ISBN-13: 9780198297307
ISBN-10: 0198297300
Pagini: 246
Dimensiuni: 164 x 243 x 17 mm
Greutate: 0.54 kg
Editura: OUP OXFORD
Colecția OUP Oxford
Locul publicării:Oxford, United Kingdom

Recenzii

The author weaves a fascinating and intricate causal account ... this is a clearly written and painstakingly researched book. In addition to its substantive findings, it is also of methodological interest ... essential reading for any understanding of contemporary European democracy.
With this book it becomes possible for the first time to teach a constitutional law course that fits comfortably into both the comparative law and comparative politics curricula. It displays the blend of theoretical sophistication and knowledge of legal realities that we have a right to expect of comparative law and politics scholarship.

Notă biografică

Alec Stone Sweet is Official Fellow in Politics, Chair in Comparative Government, Nuffield College, Oxford University.