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. |
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 | |
Other editions - View all
Common terms and phrases
action administrative courts administrative law Amendment applied argument authorities Basic Law Bill of Rights Britain British Bundestag Bundesverfassungsgericht BVerfGE cabinet cabinet government century citizens civil common law comparative concept concerned Congress Conseil d'Etat considered Constitutional Council constitutional court constitutional law constitutional system constitutionality constitutionnel Convention on Human countries Court of Justice debate decisions democracy developed doctrine droit due process Dutch elected English European Community law European Convention European Court evolution example exercise expression federal Fourteenth Amendment France freedom French German grands arrêts House of Lords human rights protection important interpretation issues judges judgment judicial review judiciary jurisdiction law lords legal systems limits London Lord Denning matters Netherlands opinion Paris parliamentary particular parties police political institutions powers President Prime Minister principles of law problems provisions question reasons referendum Republic review of legislation separation of powers social statute Supreme Court Treaty ultra vires violation