The Politico-Legal Dynamics of Judicial Review - A Comparative Analysis (Paperback)

Comparative scholarship on judicial review has paid a lot of attention to the causal impact of politics on judicial decision-making. However, the slower-moving, macro-social process through which judicial review influences societal conceptions of the law/politics relation is less well understood. Drawing on the political science literature on institutional change, The Politico-Legal Dynamics of Judicial Review tests a typological theory of the evolution of judicial review regimes - complexes of legitimating ideas about the law/politics relation. The theory posits that such regimes tend to conform to one of four main types - democratic or authoritarian legalism, or democratic or authoritarian instrumentalism. Through case studies of Australia, India, and Zimbabwe, and a comparative chapter analyzing ten additional societies, the book then explores how actually-existing judicial review regimes transition between these types. This process of ideational development, Roux concludes, is distinct both from the everyday business of constitutional politics and from changes to the formal constitution.

General

Imprint:	Cambridge UniversityPress
Country of origin:	United Kingdom
Series:	Comparative Constitutional Law and Policy
Release date:	August 2019
Authors:	Theunis Roux
Dimensions:	230 x 152 x 20mm (L x W x T)
Format:	Paperback - Trade
Pages:	388
ISBN-13:	978-1-108-44232-9
Categories:	Books > Social sciences > Politics & government > Comparative politics Books > Law > Jurisprudence & general issues > Jurisprudence & philosophy of law Books > Law > Jurisprudence & general issues > Comparative law
LSN:	1-108-44232-3
Barcode:	9781108442329

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