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The Role of Courts in Contemporary Legal Orders (Hardcover)
Loot Price: R4,476
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The Role of Courts in Contemporary Legal Orders (Hardcover)
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The Role of Courts in Contemporary Legal Orders aims to address the
rising importance of courts in contemporary legal orders. It
explores the role of courts on national, international,
supranational and global level. The book provides for a
multi-discursive analysis - theoretical and comparative,
exemplified with case-studies. This book is a timely and topical
analysis of pressing issues related to the enhanced role of courts
in politics and the increased impact of politics on courts. It
explores fundamental issues such as the legitimacy of courts,
judicial activism, theory and philosophy of judicial
decision-making, and the impact of politics, ethics, logic and
technology on legal argumentation. It provides an analysis of the
role of courts in supranational and global constitutionalism.
Furthermore, the role of constitutional courts, administrative
courts and criminal courts as well as the most important
international and supranational courts is critically assessed.
Special attention is devoted to the role of courts in the context
of democratic backsliding, illiberal democracies and populist
constitutionalism. Key issues related to the impact of courts on
environmental and human rights' protection are also addressed. The
book finishes with the provocative chapter on the alternatives to
courts.
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