The Politico-Legal Dynamics of Judicial Review
A Comparative Analysis
Series: Comparative Constitutional Law and Policy;
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Product details:
- Publisher Cambridge University Press
- Date of Publication 8 August 2019
- ISBN 9781108442329
- Binding Paperback
- No. of pages390 pages
- Size 230x152x20 mm
- Weight 500 g
- Language English
- Illustrations 1 b/w illus. 6 tables 0
Categories
Short description:
Provides a comparative analysis of the ideational dimension of judicial review and its potential contribution to democratic governance.
MoreLong description:
Comparative scholarship on judicial review has paid a lot of attention to the causal impact of politics on judicial decision-making. However, the slower-moving, macro-social process through which judicial review influences societal conceptions of the law/politics relation is less well understood. Drawing on the political science literature on institutional change, The Politico-Legal Dynamics of Judicial Review tests a typological theory of the evolution of judicial review regimes - complexes of legitimating ideas about the law/politics relation. The theory posits that such regimes tend to conform to one of four main types - democratic or authoritarian legalism, or democratic or authoritarian instrumentalism. Through case studies of Australia, India, and Zimbabwe, and a comparative chapter analyzing ten additional societies, the book then explores how actually-existing judicial review regimes transition between these types. This process of ideational development, Roux concludes, is distinct both from the everyday business of constitutional politics and from changes to the formal constitution.
'Theunis Roux's&&&160;The Politico-Legal Dynamics of Judicial Review&&&160;develops a path-breaking theory, one which integrates legal reasoning and culture with political theories of judicial behavior. His ambitious argument offers important new insights into the dynamics of both well-studied and lesser-known legal systems.' David Landau, Mason Ladd Professor, Associate Dean for International Programs, Florida State University College of Law
Table of Contents:
1. Preliminaries; 2. A typographical theory of JR-regime change; 3. Australian democratic legalism: constant cultural cause or path-dependent trajectory?; 4. From democratic legalism to instrumentalism: India's constitutional cultural transformation; 5. The post-colonial adaptation of authoritarian legalism in Zimbabwe; 6. Testing the typological theory; 7. Findings and implications.
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