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

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

by Mary L. Volcansek
     
 

"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,

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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
Pages:
192
Product dimensions:
6.33(w) x 9.35(h) x 0.84(d)

Table of Contents

Acknowledgments
1Supranational Courts in a Political Context1
2State Reaction to Two Trans-State Courts: The European Court of Justice (1958-1994) and the U.S. Supreme Court (1789-1860)20
3British Courts and the European Court of Justice: Constitutional Politics and Constitutional Change33
4Prevention of Terrorism: Security, Discretionary Power and Transnational Rights53
5Women's Concerns in the European Commission and Court of Human Rights76
6Human Rights in the Inter-American System: The Struggle for Emerging Legitimacy?99
7The New GATT: Dispute Resolution and Judicialization of the Trade Regime118
Appendixes143
Contributors157
References159
Index173

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