Due Process of Lawmaking
The United States, South Africa, Germany, and the European Union

This comparative study of the law of lawmaking demonstrates the interplay between constitutional principles and political imperatives in four modern polities.

Susan Rose-Ackerman (Author), Stefanie Egidy (Author), James Fowkes (Author)

9781107618879, Cambridge University Press

Paperback / softback, published 28 June 2018

308 pages
23 x 15.3 x 2 cm, 0.48 kg

'Insightful, informative, and occasionally provocative, Due Process of Lawmaking: The United States, South Africa, Germany, and the European Union by Susan Rose-Ackerman, Stefanie Egidy, and James Fowkes is a consummate example of comparative public law scholarship. … As the title indicates, the book investigates the law of lawmaking across four jurisdictions with quite different institutional contexts and constitutional cultures: the United States, South Africa, Germany, and the European Union. One of the book's most commendable qualities is the careful and methodical way in which the authors embark upon this ambitious inquiry.' Eoin Carolan, The American Journal of Comparative Law

With nuanced perspective and detailed case studies, Due Process of Lawmaking explores the law of lawmaking in the United States, South Africa, Germany, and the European Union. This comparative work deals broadly with public policymaking in the legislative and executive branches. It frames the inquiry through three principles of legitimacy: democracy, rights, and competence. Drawing on the insights of positive political economy, the authors explicate the ways in which courts uphold these principles in the different systems. Judicial review in the American presidential system suggests lessons for the parliamentary systems in Germany and South Africa, while the experience of parliamentary government yields potential insights into the reform of the American law of lawmaking. Taken together, the national experiences shed light on the special case of the EU. In dialogue with each other, the case studies demonstrate the interplay between constitutional principles and political imperatives under a range of different conditions.

1. Political economy and constitutional law
2. The United States
3. South Africa
4. Germany
5. The European Union
6. Conclusions.

Subject Areas: Comparative law [LAM], Law [L], Comparative politics [JPB]