Courts and Political Institutions A Comparative View [Hardcover]

Considers the relation between law and politics, including human rights, federalism and equal protection.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. He 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.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. He 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.The frontier between law and politics is not always clear-cut. Although courts are allowed to function broadly, governments and parliaments can also make independent decisions. Tim Koopmans compares the way American, British, French and German law and politics handle different issues. For example, highly political subjects in one country may constitute legal issues in another. Koopmans considers case law in a range of issues, including human rights protection, federalism, separation of powers, and the impact of European and international law.Preface; Table of cases; List of abbreviations; 1. Introduction; 2. The sovereignty of parliament; 3. Judicial review of legislation; 4. The growth of judicial power; 5. The limits of judicial review; 6. The ll“Y