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The Role of the Highest Courts of the United States of America and South Africa, and the European Court of Justice in Foreign Affairs (Hardcover, 1st ed. 2019)
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The Role of the Highest Courts of the United States of America and South Africa, and the European Court of Justice in Foreign Affairs (Hardcover, 1st ed. 2019)
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This book deals with what the author considers a sorely neglected
question, namely the role of the judiciary in states' foreign
policy processes. Eksteen argues that the impact of the judiciary
on foreign affairs is understudied and that recognition of its role
in foreign affairs is now due. This makes it a ground-breaking
scholarly contribution that should first of all prove of value to
students, scholars, researchers and practitioners in the two broad
fields of politics and law for the wide scope of issues it covers
and the very comprehensive reference lists it contains. Secondly,
professionals working within politics, including members of the
legislatures of the United States, the European Union and South
Africa, as well as members of the judiciaries there, should find
this book of benefit. A detailed examination has been undertaken of
the role of the United States Supreme Court, the two high courts in
South Africa, namely the Constitutional Court and the Supreme Court
of Appeal, and the European Court of Justice of the European Union,
in foreign affairs. The author substantiates the unmistakable fact
that these Courts have become involved in and influence foreign
affairs. Furthermore, that they have not shied away from using
their judicial authority when dealing with cases touching on
foreign affairs and especially presidential overreach. The lack of
recognition of the judiciary's role in foreign affairs is still
noticeable in Foreign Policy Analysis (FPA) literature. This book
concludes that FPA has to accept and give proper recognition to the
judiciary and its increasing relevance in foreign affairs. Dr.
Riaan Eksteen is a Former South African Ambassador residing in
Namibia; from 1968-1973 he served at the South African Embassy in
Washington D.C.; between 1976-1994, he subsequently served as
Ambassador and Head of Mission at the U.N. in New York (1976-81),
in Namibia (1990-91), at the U.N. in Geneva (1992-94), and in
Turkey, with accreditation also to Azerbaijan, Kyrgyzstan,
Turkmenistan and Uzbekistan (1995-97). He obtained his Ph.D. from
the University of Johannesburg in October 2018.
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