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Due Process of Lawmaking - The United States, South Africa, Germany, and the European Union (Hardcover)
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Due Process of Lawmaking - The United States, South Africa, Germany, and the European Union (Hardcover)
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With nuanced perspective and detailed case studies, Due Process of
Lawmaking explores the law of lawmaking in the United States, South
Africa, Germany, and the European Union. This comparative work
deals broadly with public policymaking in the legislative and
executive branches. It frames the inquiry through three principles
of legitimacy: democracy, rights, and competence. Drawing on the
insights of positive political economy, the authors explicate the
ways in which courts uphold these principles in the different
systems. Judicial review in the American presidential system
suggests lessons for the parliamentary systems in Germany and South
Africa, while the experience of parliamentary government yields
potential insights into the reform of the American law of
lawmaking. Taken together, the national experiences shed light on
the special case of the EU. In dialogue with each other, the case
studies demonstrate the interplay between constitutional principles
and political imperatives under a range of different conditions.
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