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Books > Law > Laws of other jurisdictions & general law > Constitutional & administrative law
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Judicial Power - How Constitutional Courts Affect Political Transformations (Hardcover)
Loot Price: R3,768
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Judicial Power - How Constitutional Courts Affect Political Transformations (Hardcover)
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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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