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Governing with Judges - Constitutional Politics in Europe (Hardcover)
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Governing with Judges - Constitutional Politics in Europe (Hardcover)
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This volume 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 Alec Stone Sweet
argues that constitutional adjudication construct
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