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The Judicial Construction of Europe

Alec Stone Sweet

Published in print:
2004
Published Online:
January 2005
ISBN:
9780199275533
eISBN:
9780191602009
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/019927553X.001.0001
Subject:
Political Science, European Union

The law and politics of European integration have been inseparable since the 1960s, when the European Court of Justice rendered a set of foundational decisions that gradually served to ... More


Transnational Networking and Elite Self-Empowerment: The Making of the Judiciary in Contemporary Europe and Beyond

Cristina E. Parau

Published in print:
2018
Published Online:
May 2019
ISBN:
9780197266403
eISBN:
9780191879593
Item type:
book
Publisher:
British Academy
DOI:
10.5871/bacad/9780197266403.001.0001
Subject:
Law, Legal Profession and Ethics

Studies of the fate of Judiciaries in post-Communist Central and Eastern Europe (CEE) have been rare and attempts at causal explanation rarer. This study found that interlocked transnational ... More


The European Court and Integration

Alec Stone Sweet

in The Judicial Construction of Europe

Published in print:
2004
Published Online:
January 2005
ISBN:
9780199275533
eISBN:
9780191602009
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/019927553X.003.0001
Subject:
Political Science, European Union

Provides an introduction to the book by explaining its origin, purpose, approach, and structure. The first section presents the generic question posed by the book: how is a particular mode of ... More


Sex Equality

Alec Stone Sweet

in The Judicial Construction of Europe

Published in print:
2004
Published Online:
January 2005
ISBN:
9780199275533
eISBN:
9780191602009
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/019927553X.003.0004
Subject:
Political Science, European Union

The evolution is charted, through adjudication, of the rules governing sex equality in European Community (EC) law. The first section, ‘The Normative Structure’, provides an overview of the Treaty of ... More


On Law, Politics, and Judicialization

Martin Shapiro and Alec Stone Sweet

Published in print:
2002
Published Online:
November 2003
ISBN:
9780199256488
eISBN:
9780191600234
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/0199256489.001.0001
Subject:
Political Science, Comparative Politics

Across the globe, the domain of the litigator and the judge has radically expanded, making it increasingly difficult for those who study comparative and international politics, public policy, and ... More


Governing with Judges: Constitutional Politics in Europe

Alec Stone Sweet

Published in print:
2000
Published Online:
April 2004
ISBN:
9780198297710
eISBN:
9780191601095
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/0198297718.001.0001
Subject:
Political Science, Comparative Politics

Advances the thesis that legislative processes are increasingly influenced by constitutional judges and the discursive practices of constitutional adjudication. Parallel to this process, the ordinary ... More


Judicialization and the Construction of Governance

Alec Stone Sweet

in On Law, Politics, and Judicialization

Published in print:
2002
Published Online:
November 2003
ISBN:
9780199256488
eISBN:
9780191600234
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/0199256489.003.0002
Subject:
Political Science, Comparative Politics

This paper, which was originally published in the journal Comparative Political Studies in 1999, is the second of two that elaborate a relatively general approach to judicial politics, which ... More


Participation, Representative Democracy, and the Courts

Rachel A. Cichowski and Alec Stone Sweet

in Democracy Transformed?: Expanding Political Opportunities in Advanced Industrial Democracies

Published in print:
2003
Published Online:
February 2006
ISBN:
9780199264995
eISBN:
9780191603259
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/0199264996.003.0009
Subject:
Political Science, Comparative Politics

This analysis examines the relationship between representative democracy and courts. In particular, it asks to what extent can citizens activate judicial institutions to pursue more diffuse public ... More


Norms, Dispute Resolution, and Judicialization

Alec Stone Sweet

in Governing with Judges: Constitutional Politics in Europe

Published in print:
2000
Published Online:
April 2004
ISBN:
9780198297710
eISBN:
9780191601095
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/0198297718.003.0001
Subject:
Political Science, Comparative Politics

The regular and effective settlement of disputes by a third‐party dispute resolver leads to the evolution of a set of behavioural norms, which become authoritative in society. In turn, normative ... More


Legislating

Alec Stone Sweet

in Governing with Judges: Constitutional Politics in Europe

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 ... More


Theory of Constitutional Politics

Alec Stone Sweet

in Governing with Judges: Constitutional Politics in Europe

Published in print:
2000
Published Online:
April 2004
ISBN:
9780198297710
eISBN:
9780191601095
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/0198297718.003.0007
Subject:
Political Science, Comparative Politics

The book's main findings are integrated into a theory of the dynamics of constitutional politics. Politicization and judicialization are expected to be found taking place together, and the conditions ... More


Democratic Consolidation, Judicial Reform, and the Judicialization of Politics in Southern Europe

Pedro C. Magalhães, Carlo Guarnieri, and Yorgos Kaminis

in Democracy and the State in the New Southern Europe

Published in print:
2006
Published Online:
May 2009
ISBN:
9780199202812
eISBN:
9780191708008
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199202812.003.0004
Subject:
Political Science, European Union, Democratization

This chapter presents the results of judicial reform in the new Southern Europe in the context of the legacies of the nondemocratic past and the strategies of political actors. The democratic ... More


State Liability: Tort Law and Beyond

Carol Harlow

Published in print:
2004
Published Online:
March 2012
ISBN:
9780199272648
eISBN:
9780191699634
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199272648.001.0001
Subject:
Law, Law of Obligations, Constitutional and Administrative Law

The chapters presented in this book examine the fast-growing compensation culture and the consequential pressure on courts to widen the range of situations in which individuals can claim damages from ... More


International Courts and Democratic Politics

Karen J. Alter

in The New Terrain of International Law: Courts, Politics, Rights

Published in print:
2014
Published Online:
October 2017
ISBN:
9780691154749
eISBN:
9781400848683
Item type:
chapter
Publisher:
Princeton University Press
DOI:
10.23943/princeton/9780691154749.003.0009
Subject:
Political Science, International Relations and Politics

This chapter discusses how the new terrain of international law is an artifact of a number of indirectly connected decisions: the decision to expand the substantive reach of international law, to ... More


Why Write New Rights?: Understanding Constitutional Development Apart from Entrenchment

Emily Zackin

in Looking for Rights in All the Wrong Places: Why State Constitutions Contain America's Positive Rights

Published in print:
2013
Published Online:
October 2017
ISBN:
9780691155777
eISBN:
9781400846276
Item type:
chapter
Publisher:
Princeton University Press
DOI:
10.23943/princeton/9780691155777.003.0004
Subject:
Political Science, Public Policy

This chapter considers the variety of political calculations that drove activists, organizations, and social movements to pursue the creation of positive rights. It first explains the classic idea of ... More


Is There a Human Right to Development?

RUMU SARKAR

in International Development Law: Rule of Law, Human Rights, and Global Finance

Published in print:
2009
Published Online:
February 2010
ISBN:
9780195398281
eISBN:
9780199866366
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195398281.003.004
Subject:
Law, Human Rights and Immigration, Public International Law

This chapter examines whether there is a human right to development. It is the most legally focused of all the chapters and essentially tracks the historical antecedents of the “right to ... More


Transnational Investment Arbitration: From Delegation to Constitutionalization?

Alec Stone Sweet and Florian Grisel

in Human Rights in International Investment Law and Arbitration

Published in print:
2009
Published Online:
February 2010
ISBN:
9780199578184
eISBN:
9780191722561
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199578184.003.0007
Subject:
Law, Human Rights and Immigration, Public International Law

This chapter compares different ‘Principal-Agent’ (P-A) models of arbitration and adjudication, and then applies them as a means of focusing empirical attention on how investor-State arbitration is, ... More


The Template

Cristina E. Parau

in Transnational Networking and Elite Self-Empowerment: The Making of the Judiciary in Contemporary Europe and Beyond

Published in print:
2018
Published Online:
May 2019
ISBN:
9780197266403
eISBN:
9780191879593
Item type:
chapter
Publisher:
British Academy
DOI:
10.5871/bacad/9780197266403.003.0007
Subject:
Law, Legal Profession and Ethics

This chapter analyses the origin and evolution of the Network Community’s transnational Judiciary design Template, which has now become settled public policy in post-Communist Central and Eastern ... More


Conclusions

Cristina E. Parau

in Transnational Networking and Elite Self-Empowerment: The Making of the Judiciary in Contemporary Europe and Beyond

Published in print:
2018
Published Online:
May 2019
ISBN:
9780197266403
eISBN:
9780191879593
Item type:
chapter
Publisher:
British Academy
DOI:
10.5871/bacad/9780197266403.003.0008
Subject:
Law, Legal Profession and Ethics

This chapter concludes the volume. In normative terms, the Judiciary revisions imposed on CEE since 1989 (and now the West) exhibit an unmistakable pattern: they transfer political power away from ... More


The Power of Judges: A Comparative Study of Courts and Democracy

Carlo Guarnieri and Patrizia Pederzoli

Published in print:
2002
Published Online:
March 2012
ISBN:
9780198298359
eISBN:
9780191685422
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198298359.001.0001
Subject:
Law, Legal Profession and Ethics

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 ... More


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