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Judicial Power

How Constitutional Courts Affect Political Transformations

Format: Paperback / softback
Publisher: Cambridge University Press, Cambridge, United Kingdom
Published: 2nd Apr 2020
Dimensions: w 152mm h 229mm d 21mm
Weight: 550g
ISBN-10: 1108443095
ISBN-13: 9781108443098
Barcode No: 9781108443098
Synopsis
The power of national and transnational constitutional courts to issue binding rulings in interpreting the constitution or an international treaty has been endlessly discussed. What does it mean for democratic governance that non-elected judges influence politics and policies? The authors of Judicial Power - legal scholars, political scientists, and judges - take a fresh look at this problem. To date, research has concentrated on the legitimacy, or the effectiveness, or specific decision-making methods of constitutional courts. By contrast, the authors here explore the relationship among these three factors. This book presents the hypothesis that judicial review allows for a method of reflecting on social integration that differs from political methods, and, precisely because of the difference between judicial and political decision-making, strengthens democratic governance. This hypothesis is tested in case studies on the role of constitutional courts in political transformations, on the methods of these courts, and on transnational judicial interactions.

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'Because of the richness of its perspectives, Landfried's book is a valuable resource for scholars of constitutionalism grappling with this new wave of populism. Because of the quality of its contributions, it will remain one even after current judicial crises have been settled in one way or another.' Johann Laux, International Journal of Constitutional Law 'Because of the richness of its perspectives, Landfried's book is a valuable resource for scholars of constitutionalism grappling with this new wave of populism. Because of the quality of its contributions, it will remain one even after current judicial crises have been settled in one way or another.' Johann Laux, International Journal of Constitutional Law