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Institutions & Public Law

Comparative Approaches


Tom Ginsburg and Robert A. Kagan

Institutions & Public Law: Comparative Approaches is a set of essays on the politics of law and courts by leading public law scholars in the United States, Europe, and Latin America. The essays share the view that understanding courts requires attention to the political dynamics that shape judicial design and authority, as well as the position of courts within the broader political system. This volume is essential reading for undergraduate and graduate courses in judicial politics.
Contents: Tom Ginsburg/Robert Kagan: Introduction: Institutionalist Approaches to Courts as Political Actors – R. Shep Melnick: «One Government Agency Among Many»: The Political Juris-Prudence (sic) of Martin Shapiro – Howard Gillman: How Political Parties Can Use the Cours to Advance Their Agendas: Federal Courts in the United States, 1875-1891 – R. Shep Melnick: Deregulating the States: The Political Jurisprudence of the Rehnquist Court – Alec Stone Sweet: Judicial Authority and Market Integration in Europe – Carol Harlow: Deconstructing Government? – Paul Craig: The Constitutionalization of Community Administration – Javier Couso: Judicial Independence in Latin America: The Lessons of History in Search for an Always Elusive Ideal – Tom Ginsburg: Beyond Judicial Review: Ancillary Powers of Constitutional Courts – Bronwen Morgan: The Internationalization of Economic Review of Legislation: Non-Judicial Legalization? – Martin Shapiro: Law, Courts and Politics.