Alec Stone Sweet
- Published in print:
- 2000
- Published Online:
- April 2004
- ISBN:
- 9780198297710
- eISBN:
- 9780191601095
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0198297718.003.0003
- Subject:
- Political Science, Comparative Politics
The growing interdependence between law‐making and constitutional judging is explored, proceeding from the view that constitutional courts ought to be conceptualized as specialized legislative ...
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The growing interdependence between law‐making and constitutional judging is explored, proceeding from the view that constitutional courts ought to be conceptualized as specialized legislative organs. Judicialization also engenders and institutionalizes new modes of legislative discourse and practice. The conclusion is drawn that constitutional adjudication transformed the nature of parliamentary governance unexpectedly and with significant effects.Less
The growing interdependence between law‐making and constitutional judging is explored, proceeding from the view that constitutional courts ought to be conceptualized as specialized legislative organs. Judicialization also engenders and institutionalizes new modes of legislative discourse and practice. The conclusion is drawn that constitutional adjudication transformed the nature of parliamentary governance unexpectedly and with significant effects.
Beatrice Heuser
- Published in print:
- 2017
- Published Online:
- April 2018
- ISBN:
- 9780190851163
- eISBN:
- 9780190872601
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/oso/9780190851163.003.0007
- Subject:
- Philosophy, Political Philosophy
This chapter reviews Just War thinking from ancient times to the late twentieth century, engaging with the problematic phenomenon of the ‘judicialization’ of war. The phenomenon emerges from the ...
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This chapter reviews Just War thinking from ancient times to the late twentieth century, engaging with the problematic phenomenon of the ‘judicialization’ of war. The phenomenon emerges from the application of the laws of war and international humanitarian law to the conduct of armed operations. This will limit military options, frequently eliminating the technically most effective ones. The constraints on the reasons for, and the conduct of, warfare can be traced throughout recorded European history. UK Prime Minister Tony Blair’s Chicago speech, informed by Freedman’s thinking, did not mark the end of an evolution. Rather, it was the full rediscovery of older traditions that paved the way for further developments in relation to notions of justice and human rights in international politics, and notions of humanitarian action, in particular – even if those developments were uneven and, in some cases, floundered on the rocks of realism.Less
This chapter reviews Just War thinking from ancient times to the late twentieth century, engaging with the problematic phenomenon of the ‘judicialization’ of war. The phenomenon emerges from the application of the laws of war and international humanitarian law to the conduct of armed operations. This will limit military options, frequently eliminating the technically most effective ones. The constraints on the reasons for, and the conduct of, warfare can be traced throughout recorded European history. UK Prime Minister Tony Blair’s Chicago speech, informed by Freedman’s thinking, did not mark the end of an evolution. Rather, it was the full rediscovery of older traditions that paved the way for further developments in relation to notions of justice and human rights in international politics, and notions of humanitarian action, in particular – even if those developments were uneven and, in some cases, floundered on the rocks of realism.
