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Theunis Roux - The Politico-Legal Dynamics of Judicial Review, Inbunden

Inbunden, Engelska, 2018

The Politico-Legal Dynamics of Judicial Review

A Comparative Analysis

Av Theunis Roux

Del i serien Comparative Constitutional Law and Policy

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Beskrivning
Comparative scholarship on judicial review has paid a lot of attention to the causal impact of politics on judicial decision-making. However, the slower-moving, macro-social process through which judicial review influences societal conceptions of the law/politics relation is less well understood. Drawing on the political science literature on institutional change, The Politico-Legal Dynamics of Judicial Review tests a typological theory of the evolution of judicial review regimes - complexes of legitimating ideas about the law/politics relation. The theory posits that such regimes tend to conform to one of four main types - democratic or authoritarian legalism, or democratic or authoritarian instrumentalism. Through case studies of Australia, India, and Zimbabwe, and a comparative chapter analyzing ten additional societies, the book then explores how actually-existing judicial review regimes transition between these types. This process of ideational development, Roux concludes, is distinct both from the everyday business of constitutional politics and from changes to the formal constitution.
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Theunis Roux is Professor of Law at University of New South Wales, Sydney. He was the founding director of the South African Institute for Advanced Constitutional, Public, Human Rights and International Law and is a former Secretary General of the International Association of Constitutional Law. He is the author of The Politics of Principle (Cambridge, 2013) and co-editor, with Rosalind Dixon, of a recent anthology of papers assessing the triumphs and disappointments of post-apartheid South African constitutionalism.

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'Theunis Roux's The Politico-Legal Dynamics of Judicial Review develops a path-breaking theory, one which integrates legal reasoning and culture with political theories of judicial behavior. His ambitious argument offers important new insights into the dynamics of both well-studied and lesser-known legal systems.' David Landau, Mason Ladd Professor, Associate Dean for International Programs, Florida State University College of Law

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