Institutions & Public Law: Comparative Approaches is a set of essays on the politics of law and courts by leading public law scholars in the United States, Europe, and Latin America. The essays share the view that understanding courts requires attention to the political dynamics that shape judicial design and authority, as well as the position of courts within the broader political system. This volume is essential reading for undergraduate and graduate courses in judicial politics.
About the Author
The Editors: Tom Ginsburg is Associate Professor of Law and Political Science at the University of Illinois, Urbana-Champaign. He received his B.A., J.D., and Ph.D. from the University of California, Berkeley and is the author of Judicial Review in New Democracies (2003), as well as numerous articles on comparative and international public law.
Robert A. Kagan is Professor of Political Science and Law at the University of California, Berkeley. His empirical research has focused on courts and litigation, comparative legal institutions, and regulatory decisionmaking, enforcement, and compliance. His books include Regulatory Justice (1978); Going by the Book: The Problem of Regulatory Unreasonableness (with Eugene Bardach, 1982/2002); Regulatory Encounters: Multinational Corporations and American Adversarial Legalism (with Lee Axelrad, 2000); Adversarial Legalism: The American Way of Law (2001); and Shades of Green: Business, Regulation, and Environment (with Neil Gunningham and Dorothy Thornton, 2003).
Table of Contents
Contents: Tom Ginsburg/Robert Kagan: Introduction: Institutionalist Approaches to Courts as Political Actors – R. Shep Melnick: «One Government Agency Among Many»: The Political Juris-Prudence (sic) of Martin Shapiro – Howard Gillman: How Political Parties Can Use the Cours to Advance Their Agendas: Federal Courts in the United States, 1875-1891 – R. Shep Melnick: Deregulating the States: The Political Jurisprudence of the Rehnquist Court – Alec Stone Sweet: Judicial Authority and Market Integration in Europe – Carol Harlow: Deconstructing Government? – Paul Craig: The Constitutionalization of Community Administration – Javier Couso: Judicial Independence in Latin America: The Lessons of History in Search for an Always Elusive Ideal – Tom Ginsburg: Beyond Judicial Review: Ancillary Powers of Constitutional Courts – Bronwen Morgan: The Internationalization of Economic Review of Legislation: Non-Judicial Legalization? – Martin Shapiro: Law, Courts and Politics.