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Product details:
- Publisher OUP Oxford
- Date of Publication 4 April 2002
- ISBN 9780198298359
- Binding Hardback
- No. of pages245 pages
- Size 223x145x18 mm
- Weight 431 g
- Language English 0
Categories
Short description:
Judicial intervention in politics ('judicialization') has increased dramatically in Europe in recent decades, mirroring earlier trends in the United States. This book examines the growing power of judges in the United
Kingdom, Italy, France, Spain, Germany, Portugal and the United States, and argues that three elements affect the political significance of judicial decisions: the status of judges, the organisation of the judicial system, and the broader political system. Currently very topical, particularly in Britain in the wake of the Human Rights Act, this subject will be of enduring interest for the foreseeable future.
Long description:
Judicial intervention in social, economic, and political issues ('judicialization') has increased substantially in democracies in recent years. The change has been more dramatic in Europe than in the United
States, where judicial law-making has largely been assimilated into the political process. Judges played a central role in a series of major political controversies throughout the 1990s in Italy, Spain, and France,
and their involvement has resulted in moves to restrict or alter the power of judges. The role of judges has also become the subject of political debate and reform proposals in England, Portugal, and Germany.
This book argues that three elements affect the political significance of judicial decisions. First is the status of judges (the way they are recruited and the guarantees they enjoy) and the way judges define their role in the judicial and political process. Second is the organization of the judicial system, including the existence of judicial review of legislation, the structure of trials and the arrangement of public prosecution. Thirdly, judicial power is affected by the broader political system: a polity in which power is divided and fragmented offers wider
opportunities for the judiciary to intervene in the political process.
These political scientists provide major agendas for inter-disciplinary study of matters about which lawyers, especially comparative lawyers, are much excercised.
Table of Contents:
Introduction
A. The social and political significance of the judiciary
B. The rise of the political judge
C. How to guard the guardians
D. A comparative and empirical analysis: general trends and peculiar cases
Judges: Status, Career, and Activism
The Judicial System
The Political System
Conclusion: Judicial Power: Threat or Key to Democracy?
References
Index
