MonographDOI
Courts and Political Institutions: A Comparative View
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TLDR
In this paper, Koopmans compares the way American, British, French and German law and politics deal with different issues: in many instances subjects which are highly "political" in one country constitute legal issues in another.Abstract:
The frontier between 'law' and 'politics' is not always clear-cut. A large area exists where courts operate, but where governments and parliaments also make decisions. Tim Koopmans compares the way American, British, French and German law and politics deal with different issues: in many instances subjects which are highly 'political' in one country constitute legal issues in another. Is there, for example a 'sovereign Parliament' (as there is in Britain), or will courts control the compatibility of statutes with the Constitution (as in the United States and Germany)? How far can courts go in controlling the legality of administrative action? Are there general legal theories about the frontier between what courts and what politics can do? Koopmans considers case law on a range of issues, including human rights protection, federalism, separation of powers, equal protection and the impact of European and international law.read more
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Journal ArticleDOI
Legal Institutions, Legal Origins, and Governance
Kenneth W. Dam,Kenneth W. Dam +1 more
TL;DR: In this paper, the authors compare the legal origin literature with the emerging governance literature as a practical guide to economic development policymaking and conclude that legal origin is a product of historical development and cannot be changed within a time frame relevant to the present generation of policymakers.
Journal Article
International Encyclopedia of Public Policy - Governance in a Global Age: Objectives, Themes, Areas and Content
TL;DR: The International Encyclopedia of Public Policy: Governance in a Global Age (IEPP, 4 vols) as mentioned in this paper examines the objectives, major themes, areas and content of the IEPP which attempts a comprehensive examination of governance activities, theories, institutions and problems.
Journal ArticleDOI
The Power and Morals of Policy Makers: Reassessing the Control Gap Debate†
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Journal ArticleDOI
The Judiciary and Economic Development
Kenneth W. Dam,Kenneth W. Dam +1 more
TL;DR: For example, this paper showed that judicial efficiency measured in terms of duration of cases shows an extraordinarily wide variance among countries within individual legal families, suggesting that something at least as significant as legal origin may be involved.
Posted Content
Unconstitutional Constitutional Amendments - The Migration and Success of a Constitutional Idea
TL;DR: In this paper, the authors trace the migration of limited amendment power and of judicial review of constitutional amendments through different jurisdictions and to paint a broad pattern of "constitutional behavior" and claim that the global trend is moving towards accepting the idea of limitations - explicit or implicit - on constitutional amendment power.
References
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Book
The Age of Rights
TL;DR: In this paper, the principal issues and developments in international human rights and in rights in the United States, and then compared the concepts and conditions of rights in various parts of the world.
Book
Legal Reasoning and Political Conflict
TL;DR: Sunstein this paper argues that the most glamorous and even glorious moments in a legal system come when a high court recognizes an abstract principle involving, for example, human liberty or equality.
Book
Questioning Sovereignty: Law, State, and Nation in the European Commonwealth
TL;DR: In this paper, the legal framework of the United Kingdom and its legal system is discussed. But the focus is on the state and the law and not on the individual's individual rights.