Law above Nations: Supranational Courts and the Legalization of Politics / Edition 1

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Overview

"A unique effort to pull together and analyze disparate supranational judicial and quasi-judicial institutions that have evolved in the aftermath of World War II. . . . The discussion of supranational judicial activities in regard to terrorism and sex discrimination in their relation to human rights is particularly important."—Walter O. Weyrauch, University of Florida, College of Law

In this first book to examine the four so-called supranational courts, authors compare the legitimacy, effectiveness, and political impact of the courts of the European Union, European Council on Human Rights, Organization of American States, and World Trade Organization. Though the ranges of jurisdiction, political clout, and potential for influence of these courts are varied, the authors argue that comparisons are instructive because each of the newer supranational judicial bodies was consciously patterned on its predecessors. Ultimately, as these contributors demonstrate, the construction of courts to apply and resolve "law above nations" may well be the trend for future international conflict resolution.

CONTENTS
1.  Supranational Courts in a Political Context, by Mary L. Volcansek

2.  Early State Reaction to the European Court of Justice (1958-1994) and the U.S. Supreme Court (1789-1860), by Leslie Friedman Goldstein 

3.  British Courts and the European Court of Justice: Constitutional Politics and Constitutional Change, by John C. Blakeman
 
4.  Prevention of Terrorism: Security, Discretionary Power, and Transnational Rights, by Donald W. Jackson

5.  Women’s Concerns in the European Commission and Court on Human Rights, by Doris Marie Provine
 
6.  Human Rights in the Inter-American System: The Struggle for Emerging Legitimacy? by John F. Stack, Jr.

7.  The New GATT: Dispute Resolution and Judicialization of the Trade Regime, by Alec Stone Sweet

Mary L. Volcansek is professor of political science at Florida International University. She is the author of Judicial Impeachment: None Called for Justice (1993) and coauthor of Judicial Misconduct: A Cross-National Comparison (UPF, 1996).

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Product Details

  • ISBN-13: 9780813015378
  • Publisher: University Press of Florida
  • Publication date: 11/28/1997
  • Edition description: First
  • Edition number: 1
  • Pages: 192
  • Product dimensions: 6.33 (w) x 9.35 (h) x 0.84 (d)

Table of Contents

Acknowledgments
1 Supranational Courts in a Political Context 1
2 State Reaction to Two Trans-State Courts: The European Court of Justice (1958-1994) and the U.S. Supreme Court (1789-1860) 20
3 British Courts and the European Court of Justice: Constitutional Politics and Constitutional Change 33
4 Prevention of Terrorism: Security, Discretionary Power and Transnational Rights 53
5 Women's Concerns in the European Commission and Court of Human Rights 76
6 Human Rights in the Inter-American System: The Struggle for Emerging Legitimacy? 99
7 The New GATT: Dispute Resolution and Judicialization of the Trade Regime 118
Appendixes 143
Contributors 157
References 159
Index 173
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