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Law and politics are deeply intertwined. Law is an essential tool
of government action, an instrument with which government tries to
influence society. Law is also the means by which government itself
is structured, regulated, and controlled. It is no surprise, then,
that law is an important prize in the political struggle and that
law shapes how politics is conducted. As serious thinking about and
around law and politics continues to flourish and develop, this new
title in Routledge's Critical Concepts in Political Science series
meets the need for an authoritative reference work to map and make
sense of the subject's vast literature, and the ongoing explosion
in research output. Edited by a leading scholar in the field, Law
and Politics is a four-volume collection of foundational and
cutting-edge contributions. The materials gathered in the first
volume cover jurisprudence and constitutionalism. The assembled
major works examine crucial questions such as: what is law? And:
what purposes do constitutions serve? Volume II, meanwhile, focuses
on how courts operate and how judges make their decisions,
examining the judicial process from trial courts to appellate
courts. The third volume addresses the relationship between law and
society and assesses the intersection between the legal process and
social actors, considering such issues as how ordinary people think
about the law and how legal compliance works. The final volume in
the collection considers law, courts, and politics from an
international and comparative perspective, bringing together the
best and most influential research on such topics as the
foundations of judicial independence and the relationship between
law and economic development. With a full index, together with a
comprehensive introduction, newly written by the editor, which
places the collected material in its historical and intellectual
context, Law and Politics is an essential work of reference. The
collection will be particularly useful as an essential database
allowing scattered and often fugitive material to be easily
located. It will also be welcomed as a crucial tool permitting
rapid access to less familiar-and sometimes overlooked-texts. For
political scientists and lawyers, as well as those working in
cognate disciplines, it is sure to be valued as a vital one-stop
research and pedagogic resource.
For more than a decade, the U.S. Supreme Court has turned a
skeptical eye toward Congress. Distrustful of Congress’s capacity
to respect constitutional boundaries, the Court has recently
overturned federal legislation at a historically unprecedented
rate. This intensified judicial scrutiny highlights the need for
increased attention to how Congress approaches constitutional
issues. In this important collection, leading scholars in law and
political science examine the role of Congress in constitutional
interpretation, demonstrating how to better integrate the
legislative branch into understandings of constitutional
practice.Several contributors offer wide-ranging accounts of the
workings of Congress. They look at lawmakers’ attitudes toward
Congress’s role as a constitutional interpreter, the offices
within Congress that help lawmakers learn about constitutional
issues, Congress’s willingness to use its confirmation power to
shape constitutional decisions by both the executive and the
courts, and the frequency with which congressional committees take
constitutional questions into account. Other contributors address
congressional deliberation, paying particular attention to whether
Congress’s constitutional interpretations are sound. Still others
examine how Congress and the courts should respond to one
another’s decisions, suggesting how the courts should evaluate
Congress’s work and considering how lawmakers respond to Court
decisions that strike down federal legislation. While some
essayists are inclined to evaluate Congress’s constitutional
interpretation positively, others argue that it could be improved
and suggest institutional and procedural reforms toward that end.
Whatever their conclusions, all of the essays underscore the
pervasive and crucial role that Congress plays in shaping the
meaning of the Constitution. Contributors. David P. Currie, Neal
Devins, William N. Eskridge Jr.. John Ferejohn, Louis Fisher,
Elizabeth Garrett, Michael J. Gerhardt, Michael J. Klarman, Bruce
G. Peabody, J. Mitchell Pickerill, Barbara Sinclair, Mark Tushnet,
Adrian Vermeule, Keith E. Whittington, John C. Yoo
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