Governing with Judges
Constitutional Politics in Europe
By (author) Alec Stone Sweet
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Governing with Judges by Alec Stone Sweet
Book DescriptionConstitutional Politics in Europe: Governing with Judges 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. Constitutional politics have not only provoked the demise of traditional notions of parliamentary sovereignty, they have organized profound transformations in the very nature of European governance. Stone Sweet argues that constitutional adjudication constructs complex causal linkages between rule systems and normativity, on the one hand, and the strategic behaviour of individuals, on the other. The theory constitutes a novel synthesis of normative and rational approaches to politics. The book also addresses central questions raised by a wide range of ongoing theory projects, including the 'new institutionalism,'rational choice, principal-agent theories of delegation, and the new constitutionalism in Continental legal theory.
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Book DetailsISBN: 9780198297307
(243mm x 164mm x 17mm)
Imprint: Oxford University Press
Publisher: Oxford University Press
Publish Date: 27-Jan-2000
Country of Publication: United Kingdom
Books By Author Alec Stone Sweet
Europe of Rights, Hardback (July 2008)
This book examines the process through which the European Convention on Human Rights, and the case law of the European Court of Human Rights, has been interpreted and applied in the Member States, and how it has impacted upon their domestic legal orders.
Judicial Construction of Europe, Hardback (September 2004)
Examines the evolution of the European Union since 1959. After developing and testing a theory of integration, the author then assesses the impact of the European Court of Justice on the politics of trade, sex equality, and environmental protection in the EU.
Politics of Delegation, Paperback (April 2004)
This volume examines key issues about the politics of delegation: how and why delegation has taken place; the design of delegation to non-majoritarian institutions; the consequences of delegation to non-majoritarian institutions and their
On Law, Politics and Judicialization, Paperback (August 2002)» View all books by Alec Stone Sweet
Two leading political scientists present the best of their research, focusing on how to build and test a social science of law and courts. Written for a broad, scholarly audience, the book is also recommended for use in graduate and advanced undergraduate courses in law and the social sciences.
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Author Biography - Alec Stone Sweet
Alec Stone Sweet is Official Fellow in Politics, Chair in Comparative Government, Nuffield College, Oxford University.
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