Courts and political institutions : a comparative view / Tim Koopmans.

Format:

Book

Author/Creator:

Koopmans, T. (Thijmen), 1929-2015, author.

Language:

English

Subjects (All):

Courts.

Justice, Administration of.

Law--Political aspects.

Law.

Comparative law.

Physical Description:

1 online resource (xxi, 299 pages) : digital, PDF file(s)

Other Title:

Courts & Political Institutions

Place of Publication:

Cambridge : Cambridge University Press, 2003.

System Details:

text file

PDF

Summary:

The 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. Is there, for example a 'sovereign Parliament' (as there is in Britain), or will courts control the compatibility of statutes with the Constitution (as in the United States and Germany)? How far can courts go in controlling the legality of administrative action? Are there general legal theories about the frontier between what courts and what politics can do? Koopmans 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

The sovereignty of Parliament

Judicial review of legislation

The growth of judicial power

The limits of judicial review

The legality of administrative action

Courts and governments

Courts and individual rights

Techniques of judicial protection

A glance at the future.

Notes:

Title from publisher's bibliographic system (viewed on 05 Oct 2015).

Other Format:

Print version:

ISBN:

9780511522253

Access Restriction:

Restricted for use by site license.