Governing with Judges : Constitutional Politics in Europe download book
Governing with Judges : Constitutional Politics in Europe download book
Governing with Judges : Constitutional Politics in Europe by Sweet Stone
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Author: Sweet Stone
Page Count: 248 pages
Published Date: 23 Mar 2000
Publisher: Oxford University Press
Publication Country: Oxford, United Kingdom
Language: English
ISBN: 9780198297710
File size: 27 Mb
File Name: governing.with.judges.constitutional.politics.in.europe.pdf
Download Link: governing with judges constitutional politics in europe
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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.
Read online Governing with Judges : Constitutional Politics in Europe Buy and read online Governing with Judges : Constitutional Politics in Europe Download Governing with Judges : Constitutional Politics in Europe for pc, mac, kindle, readers Download to iPad/iPhone/iOS, B&N nook Governing with Judges : Constitutional Politics in Europe
Governing with Judges : Constitutional Politics in Europe by Sweet Stone
Author: Sweet Stone
Page Count: 248 pages
Published Date: 23 Mar 2000
Publisher: Oxford University Press
Publication Country: Oxford, United Kingdom
Language: English
ISBN: 9780198297710
File size: 27 Mb
File Name: governing.with.judges.constitutional.politics.in.europe.pdf
Download Link: governing with judges 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.
Read online Governing with Judges : Constitutional Politics in Europe Buy and read online Governing with Judges : Constitutional Politics in Europe Download Governing with Judges : Constitutional Politics in Europe for pc, mac, kindle, readers Download to iPad/iPhone/iOS, B&N nook Governing with Judges : Constitutional Politics in Europe