The Politico-Legal Dynamics of Judicial Review: A Comparative Analysis

ISBN-13: 9781108442329 / Angielski / Miękka / 2019 / 388 str.

Theunis Roux

Opis

Provides a comparative analysis of the ideational dimension of judicial review and its potential contribution to democratic governance.

Recenzje

'How do constitutional cultures evolve and change character over time? In this impressive new work, Roux explores how judicial review in democratic and authoritarian regimes both influences and is influenced by public conceptions of the law/politics relationship. The book is rich in theory, and comparative case-studies, and provides a unique framework for understanding the intersection between constitutional law and politics. It deserves a wide audience in both fields, and especially among those interested in understanding moments of constitutional change and transition worldwide.' Rosalind Dixon, University of New South Wales, Sydney

Spis treści

1. Preliminaries; 2. A typographical theory of JR-regime change; 3. Australian democratic legalism: constant cultural cause or path-dependent trajectory?; 4. From democratic legalism to instrumentalism: India's constitutional cultural transformation; 5. The post-colonial adaptation of authoritarian legalism in Zimbabwe; 6. Testing the typological theory; 7. Findings and implications.