Courts and Political Institutions: A Comparative ViewThe 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 |
| 285 | |
| 290 | |
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Common terms and phrases
accepted action administrative Amendment American appeal applied argument authorities Basic Law basis bill bodies Britain British cabinet government century citizens civil Community comparative concept concerned Congress Conseil d'Etat considered constitutional constitutional law Convention Council countries debate decided decisions developed difficult effect elected English equal established European examine example exercise expression federal France freedom French further German give held House Human Rights idea important independence individual institutions interest interpretation issues Italy judges judgment judicial review Justice kind later legislation less limits London Lords majority matters meaning Minister opinion Parliament parliamentary particular parties person police political position possible powers practice President principles problems procedure protection provisions question reasons regard representative Republic requirements respect result rules seems separation situation social society sometimes standards statute Supreme Court tort traditional true United
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Bibliographic information
| Title | Courts and Political Institutions: A Comparative View |
| Author | Tim Koopmans |
| Edition | reprint |
| Publisher | Cambridge University Press, 2003 |
| ISBN | 0521533996, 9780521533997 |
| Length | 299 pages |
| Subjects | › › Juvenile Nonfiction / Social Science / General Law / Comparative Law / Constitutional Law / International Political Science / Public Policy / Economic Policy |
| Export Citation | BiBTeX EndNote RefMan |