Constitutional Dialogues in Comparative Perspective

ISBN-13: 9780333736906 / Angielski / Twarda / 1999 / 254 str.

Sally Kenney; S. Kenney; W. Reisinger

Opis

A comparative, interdisciplinary examination of new theories in law and politics, which considers the interplay between law court decisions and the evolution and implementation of political policy, focusing particularly on Europe.

Recenzje

'This book is among the most remarkable of its kind to be published to date. It is a reflection of the best in a new scholarly approach to legal Europe and it has some unique features which position it on a pedestal all its own.Though this is not the case today, twenty years ago or so, the mere fact of putting out a book of this kind would have been remarkable. In tone, content and erudition it is exemplary. That alone is worth a great deal. What makes it so remarkable, however, is both scope and execution. First , its definition of Europe is bold and operates at many levels. Its definition of the legal landscape is also bold and transcends not only the old but also much of the new genre of European law scholarship. A third virtue is its methodological richness, which is short-changed by the bland catchphrase - political science. In truth it is the broad range of social sciences which inform the various contributions as well as that delicate interface between legal theory and political science. Perhaps the greatest contribution of the entire volume, is in provoking us to a deeper understanding of the phenomenology of courts, judicial review and constitutionalism in contexts which are different from the well-established and well known Western liberal nation-state. In this sense the literature has been greatly enriched by this volume and for that, all contributors should been congratulated.' - from the foreword by J.H.H.Weiler, Manley Hudson Professor and Jean Monnet Chair, Harvard University and Co-Director, Academy of European Law, European University Institute, Florence

'...this volume should prove useful and suggestive to comparative legal and political scholars.' - Maria McFarland, International Law and Politics

Spis treści

Foreword by J.H.H.Weiler Introduction: Constitutional Dialogues in Comparative Perspective; S.J.Kenney, W.M.Reisinger and J.C.Reitz Constitutional Dialogues: Protecting Rights in France, Germany, Italy and Spain; A.S.Sweet Experimental Constitutionalism: A Comparative Analysis of the Institutional Bases of Rights Enforcement in Postcommunist Hungary; J.Seitzer Political Economy and Abstract Review in Germany, France and the United States; J.C.Reitz A Comparative Study of the Constitutional Protection of Hate Speech in Canada and the United States: A Search for Explanations; W.G.Buss Intercultural Citizenship: Statutory Interpretation and Belonging in Britain; S.Sterett The Judges of the Court of Justice of the European Communities; S.J.Kenney Legal Orientations and the Rule of Law in Post-Soviet Russia; W.M.Reisinger The Success of Judicial Review; M.Shapiro Cases and Official Documents Cited Books, Articles and Chapters Cited

O autorze

WILLIAM G. BUSS O.K. Patton Professor of Law at the University of Iowa JEFFREY SEITZER Visiting Assistant Professor of Political Science at Indiana University Northwest MARTIN SHAPIRO Professor of Law at the University of California, Berkeley SUSAN STERETT Associate Professor of Political Science at the University of Denver ALEC STONE SWEET Professor of Political Science in the School of Social Sciences, University of California, Irvine