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There is a growing interest in delegation to non-majoritarian
institutions in Europe, following both the spread of
principal-agent theory in political science and law and increasing
delegation in practice. During the 1980s and 1990s, governments and
parliaments in West European nations have delegated powers and
functions to non-majoritarian bodies - the EU, independent central
banks, constitutional courts and independent regulatory agencies.
Whereas elected policymakers had been increasing their roles over
several decades, delegation involves a remarkable reversal or at
least transformation of their position. This volume examines key
issues about the politics of delegation: how and why delegation has
taken place; the institutional design of delegation to
non-majoritarian institutions; the consequences of delegation to
non-majoritarian institutions; the legitimacy of non-majoritarian
institutions. The book addresses these questions both theoretically
and empirically, looking at central areas of political life -
central banking, the EU, the increasing role of courts and the
establishment and impacts of independent regulatory agencies.
In this book, Stone Sweet and Ryan provide an accessible
introduction to Kantian constitutional theory and the law and
politics of European rights protection. Part I sets out Kant's
blueprint for achieving Perpetual Peace and constitutional justice
within and beyond the nation state. Part II applies these ideas to
explain the gradual constitutionalization of a Cosmopolitan Legal
Order: a transnational legal system in which justiciable rights are
held by individuals; where public officials bear the obligation to
fulfil the fundamental rights of all who come within the scope of
their jurisdiction; and where domestic and transnational judges
supervise how officials act. Such an order was instantiated in
Europe through the combined effects of Protocol no. 11 (1998) to
the ECHR and the incorporation of the Convention into national law.
The authors then describe and assess the strengthening of the
European Court's capacities to meet the challenge of chronic
failures of protection at the domestic level; its progressive
approach to the "qualified" rights covering privacy and family
life, and the freedoms of expression, conscience, and religion; the
robust enforcement of the "absolute" rights, including the
prohibition of torture and inhuman treatment; and its determined
efforts to render justice to all people that come under its
jurisdiction, including non-citizens whose rights are violated
beyond Europe. Today, the Strasbourg Court is the most active and
important rights-protecting court in the world, its jurisprudence a
catalyst for the construction of a cosmopolitan constitution in
Europe and beyond.
The law and politics of European integration have been inseparable
since the 1960s, when the European Court of Justice rendered a set
of foundational decisions that gradually served to
'constitutionalize' the Treaty of Rome. In this book, Alec Stone
Sweet, one of the world's foremost social scientists and legal
scholars, blends deductive theory, quantitative analysis of
aggregate data, and qualitative case studies to explain the
dynamics of European integration and institutional change in the EU
since 1959. He shows that the activities of market actors,
lobbyists, legislators, litigators, and judges became connected to
one another in various ways, giving the EU its fundamentally
expansionary character. He then assesses the impact of Europe's
unique legal system on the evolution of supranational governance,
tracing outcomes in three policy domains: free movement of goods,
sex equality, and environmental protection. The book integrates
diverse themes, including: the testing of hypotheses derived from
regional integration theory; the 'judicialization' of legislative
processes; the path dependence of precedent and legal
argumentation; the triumph of the 'rights revolution' in the EU;
delegation, agency, and trusteeship; balancing as a technique of
judicial rulemaking and governance; and why national administration
and justice have been steadily 'Europeanized'. Written for a broad
audience, the book is also recommended for use in graduate and
advanced undergraduate courses in law and the social sciences.
This book provides an account of the development of the European Union, from a relatively specialized organ of economic cooperation in the 1960s to the complex, quasi-federal entity that today governs over an increasingly diverse set of policy domains. The book is a must for anyone interested in understanding the past and future of European integration and supranational governance.
This volume elaborates a theory of constitutional politics, the
process through which the discursive practices and techniques of
constitutional adjudication come to structure the work of
governments, parliaments, judges, and administrators. Focusing on
the cases of France, Germany, Italy, Spain, and the European Union,
the book examines the sources and consequences of the pan-European
movement to confer constitutional review authority on a new
governmental institution, the constitutional court. Detailed case
studies illustrate how and to what extent legislative processes
have been placed under the influence of constitutional judges. In a
growing number of policy domains, these judges function as
powerful, adjunct legislators. As constitutional courts have
consolidated their position as authoritative interpreters of the
constitutional law, and especially of human rights provisions, the
work of the judiciary, too, has gradually been constitutionalised.
Today, ordinary judges seek to detect violations of the
constitution in their application of the various codes, and to
rewrite statutes that they deem unconstitutional Alec Stone Sweet
argues that constitutional adjudication construct
The essays comprising this volume are the outcome of a major and
unique project which looks in detail at the application of EC law
by national courts and the interaction of the demands of EC law
with the constraints imposed by national legal orders and,
especially, national constitutional orders. The volume comprises
seven country studies which are shaped around a common research
protocol. These are supplemented by three cross-cutting studies
which draw on the country studies as well as on broader contextual
research work aimed at trying to understand the role of the
European Court of Justice in the round. The results of this
multi-national research are certain to provoke widespread interest
among scholars of European law, international law and European
politics, for they offer the first systematic and rigorous attempt
to assess the impact of the ECJ among the leading member states of
the European Union.
In this book, Alec Stone Sweet and Jud Mathews focus on the law and
politics of rights protection in democracies, and in human rights
regimes in Europe, the Americas, and Africa. After introducing the
basic features of modern constitutions, with their emphasis on
rights and judicial review, the authors present a theory of
proportionality that explains why constitutional judges embraced
it. Proportionality analysis is a highly intrusive mode of judicial
supervision: it permits state officials to limit rights, but only
when necessary to achieve a sufficiently important public interest.
Since the 1950s, virtually every powerful domestic and
international court has adopted proportionality analysis as the
central method for protecting rights. In doing so, judges
positioned themselves to review all important legislative and
administrative decisions, and to invalidate them as
unconstitutional when such policies fail the proportionality test.
The result has been a massive - and global - transformation of law
and politics. The book explicates the concepts of 'trusteeship',
the 'system of constitutional justice', the 'effectiveness' of
rights adjudication, and the 'zone of proportionality'. A wide
range of case studies analyse: how proportionality has spread, and
variation in how it is deployed; the extent to which the U.S.
Supreme Court has evolved and resisted similar doctrines; the role
of proportionality in building ongoing 'constitutional dialogues'
with the other branches of government; and the importance of the
principle to the courts of regional human rights regimes. While
there is variance in the intensity of proportionality-based
dialogues, such interactions are today at the very heart of
governance in the modern constitutional state and beyond.
There is a growing interest in delegation to non-majoritarian
institutions in Europe, following both the spread of
principal-agent theory in political science and law and increasing
delegation in practice. During the 1980s and 1990s, governments and
parliaments in West European nations have delegated powers and
functions to non-majoritarian bodies - the EU, independent central
banks, constitutional courts and independent regulatory agencies.
Whereas elected policymakers had been increasing their roles over
several decades, delegation involves a remarkable reversal or at
least transformation of their position. This volume examines key
issues about the politics of delegation: how and why delegation has
taken place; the institutional design of delegation to
non-majoritarian institutions; the consequences of delegation to
non-majoritarian institutions; the legitimacy of non-majoritarian
institutions. The book addresses these questions both theoretically
and empirically, looking at central areas of political life -
central banking, the EU, the increasing role of courts and the
establishment and impacts of independent regulatory agencies.
Across the globe, the domain of the litigator and the judge has
radically expanded, making it increasingly difficult for those who
study comparative and international politics, public policy and
regulation, or the evolution of new modes of governance to avoid
encountering a great deal of law and courts. In On Law, Politics,
and Judicialization, two of the world's leading political
scientists present the best of their research, focusing on how to
build and test a social science of law and courts.
Chosen empirical settings include the United States, the GATT-WTO,
France and Germany, Imperial China and Islam, the European Union,
and the transnational world of the Lex Mercatoria.
Constitutional Politics in Europe is the first comparative study written by a social scientist on the topic of European constitutional courts, and their role in protecting human rights and defending new democratic institutions. Focusing on France, Germany, Italy, Spain, and the European Union, the author traces the enormous impact of these courts on both legislative and judicial processes and outcomes, and explains why this impact continues to expand.
The European Union began in 1957 as a treaty among six nations but today constitutes a supranational polity - one that creates rules that are binding on its 15 member countries and their citizens. In this majesterial study, a team of distinguished scholars offers a fresh and coherent explanation of the remarkable development of the EU, drawing evidence from both broad data and focused case studies.
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