Courts and Political Institutions
A Comparative View

Considers the relation between law and politics, including human rights, federalism and equal protection.

Tim Koopmans (Author)

9780521826624, Cambridge University Press

Hardback, published 4 September 2003

324 pages
23.6 x 16 x 2.5 cm, 0.654 kg

'… a comprehensive analysis that will interest legal and political specialists of domestic systems as well as the comparative lawyer … helps to cast light upon a difficult constitutional conundrum.' Public Law

The frontier between 'law' and 'politics' is not always clear-cut. A large area exists where courts operate, but where governments and parliaments also make decisions. Tim Koopmans compares the way American, British, French and German law and politics deal with different issues: in many instances subjects which are highly 'political' in one country constitute legal issues in another. Is there, for example a 'sovereign Parliament' (as there is in Britain), or will courts control the compatibility of statutes with the Constitution (as in the United States and Germany)? How far can courts go in controlling the legality of administrative action? Are there general legal theories about the frontier between what courts and what politics can do? Koopmans considers case law on a range of issues, including human rights protection, federalism, separation of powers, equal protection and the impact of European and international law.

Preface
Table of cases
List of abbreviations
1. Introduction
2. The sovereignty of parliament
3. Judicial review of legislation
4. The growth of judicial power
5. The limits of judicial review
6. The legality of administrative action
7. Courts and governments
8. Courts and individual rights
9. Techniques of judicial protection
10. A glance at the future
Select bibliography
Index.

Subject Areas: Educational: Citizenship & social education [YQN], Constitutional & administrative law [LND], Comparative law [LAM], Political economy [KCP]