Governing with Judges: Constitutional Politics in Europe

Be the first to write a review

Overview

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." "Stone...
See more details below
Hardcover
$93.15
BN.com price
(Save 5%)$99.00 List Price
Other sellers (Hardcover)
  • All (10) from $41.32   
  • New (3) from $106.47   
  • Used (7) from $41.32   
Sending request ...

More About This Book

Overview

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." "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.
Read More Show Less

Product Details

  • ISBN-13: 9780198297307
  • Publisher: Oxford University Press
  • Publication date: 3/23/2000
  • Pages: 246
  • Product dimensions: 6.40 (w) x 9.30 (h) x 0.80 (d)

Meet the Author


Alec Stone Sweet is Official Fellow in Politics, Chair in Comparative Government, Nuffield College, Oxford University.

Read More Show Less

Table of Contents

List of Figures
List of Tables
1 Norms, Dispute Resolution, and Judicialization 1
Rules, Dispute Resolution, Strategic Behaviour 3
The Construction of Judicial Power 12
Constitutionalism and Politics 20
Understanding Constitutional Politics 22
Constitutional Politics in Western Europe 30
2 Constitutional Adjudication and Parliamentary Democracy 31
The European Model of Constitutional Review 32
Constitutional Contracting 38
Parliamentary Government and Constitutional Review 49
3 Legislating 61
Constitutional Courts as Specialized Legislative Chambers 61
Law-makers as Constitutional Judges 73
Principal-Agent Issues 88
4 Protecting Rights 92
Rights, Normative Hierarchies, and Constitutional Decision-making 92
Parliament and Constitutional Adjudication 102
The Judiciary and Constitutional Adjudication 114
5 The Politics of Judging 127
Judging, Law-making, and Separation of Powers Doctrines 127
The Kelsenian Model 133
Constitutional Politics and Legitimacy 139
6 Constructing a Supranational Constitution 153
European Integration and Supranational Governance 153
The Constitutionalization of the European Community 160
The Constitutional Politics of Supremacy 166
Constitutional Politics as Legislative Politics 178
7 Theory of Constitutional Politics 194
The Judicialization of Law-making 194
Constitutional Decision-making and Governance 203
Bibliography 205
References 208
Index 223
Read More Show Less

Customer Reviews

Be the first to write a review
( 0 )
Rating Distribution

5 Star

(0)

4 Star

(0)

3 Star

(0)

2 Star

(0)

1 Star

(0)

Your Rating:

Review Guidelines
Add Recommendations
Your Name: Create a Pen Name or

Barnes & Noble.com Review Rules

Our reader reviews allow you to share your comments on titles you liked, or didn't, with others. By submitting an online review, you are representing to Barnes & Noble.com that all information contained in your review is original and accurate in all respects, and that the submission of such content by you and the posting of such content by Barnes & Noble.com does not and will not violate the rights of any third party. Please follow the rules below to help ensure that your review can be posted.

Reviews by Our Customers Under the Age of 13

We highly value and respect everyone's opinion concerning the titles we offer. However, we cannot allow persons under the age of 13 to have accounts at BN.com or to post customer reviews. Please see our Terms of Use for more details.

What to exclude from your review:

Please do not write about reviews, commentary, or information posted on the product page. If you see any errors in the information on the product page, please send us an email.

Reviews should not contain any of the following:

  • - HTML tags, profanity, obscenities, vulgarities, or comments that defame anyone
  • - Time-sensitive information such as tour dates, signings, lectures, etc.
  • - Single-word reviews. Other people will read your review to discover why you liked or didn't like the title. Be descriptive.
  • - Comments focusing on the author or that may ruin the ending for others
  • - Phone numbers, addresses, URLs
  • - Pricing and availability information or alternative ordering information
  • - Advertisements or commercial solicitation

Reminder:

  • - By submitting a review, you grant to Barnes & Noble.com and its sublicensees the royalty-free, perpetual, irrevocable right and license to use the review in accordance with the Barnes & Noble.com Terms of Use.
  • - Barnes & Noble.com reserves the right not to post any review -- particularly those that do not follow the terms and conditions of these Rules. Barnes & Noble.com also reserves the right to remove any review at any time without notice.
  • - See Terms of Use for other conditions and disclaimers.
Search for Products You'd Like to Recommend

Recommend other products that relate to your review. Just search for them below and share!

Create a Pen Name

Your Pen Name is your unique identity on BN.com. It will appear on the reviews you write and other website activities. Your Pen Name cannot be edited, changed or deleted once submitted.

 
Your Pen Name can be any combination of alphanumeric characters (plus - and _), and must be at least two characters long.

Continue Anonymously
    If you find inappropriate content, please report it to Barnes & Noble
    Why is this product inappropriate?
    Comments (optional)