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Vol 21 No 9 Sept/Oct 2016

Book of the Month

Cover of Goode on Commercial Law

Goode on Commercial Law

Edited by: Ewan McKendrick
Price: £170.00

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Courts and Political Institutions: A Comparative View

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ISBN13: 9780521533997
ISBN: 0521533996
Published: April 2003
Publisher: Cambridge University Press
Country of Publication: UK
Format: Paperback
Price: £29.99
Hardback edition , ISBN13 9780521826624

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The frontier between 'law' and 'politics' is not always clear-cut. A large area exists where courts operate, but where governments and parliaments also make decisions. Tim Koopmans compares the way American, British, French and German law and politics deal with different issues: in many instances subjects which are highly 'political' in one country constitute legal issues in another. Is there, for example a 'sovereign Parliament' (as there is in Britain), or will courts control the compatibility of statutes with the Constitution (as in the United States and Germany)? How far can courts go in controlling the legality of administrative action? Are there general legal theories about the frontier between what courts and what politics can do? Koopmans considers case law on a range of issues, including human rights protection, federalism, separation of powers, equal protection and the impact of European and international law.

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Constitutional and Administrative Law
1. Introduction
2. Sovereignty of Parliament
3. Judicial review of legislation
4. Growth of judicial power
5. The limits of judicial review
6. The legality of administrative action
7. Courts and governments
8. Courts and individual rights
9. Techniques of judicial protection
10. A glance at the future