Keith Whittington - Böcker

Law and politics are deeply intertwined. Law is an essential tool of government action, an instrument with which government tries to influence society. Law is also the means by which government itself is structured, regulated, and controlled. It is no surprise, then, that law is an important prize in the political struggle and that law shapes how politics is conducted.As serious thinking about and around law and politics continues to flourish and develop, this new title in Routledge’s Critical Concepts in Political Science series meets the need for an authoritative reference work to map and make sense of the subject’s vast literature, and the ongoing explosion in research output. Edited by a leading scholar in the field, Law and Politics is a four-volume collection of foundational and cutting-edge contributions.The materials gathered in the first volume cover jurisprudence and constitutionalism. The assembled major works examine crucial questions such as: what is law? And: what purposes do constitutions serve? Volume II, meanwhile, focuses on how courts operate and how judges make their decisions, examining the judicial process from trial courts to appellate courts. The third volume addresses the relationship between law and society and assesses the intersection between the legal process and social actors, considering such issues as how ordinary people think about the law and how legal compliance works. The final volume in the collection considers law, courts, and politics from an international and comparative perspective, bringing together the best and most influential research on such topics as the foundations of judicial independence and the relationship between law and economic development.With a full index, together with a comprehensive introduction, newly written by the editor, which places the collected material in its historical and intellectual context, Law and Politics is an essential work of reference. The collection will be particularly useful as an essential database allowing scattered and often fugitive material to be easily located. It will also be welcomed as a crucial tool permitting rapid access to less familiar—and sometimes overlooked—texts. For political scientists and lawyers, as well as those working in cognate disciplines, it is sure to be valued as a vital one-stop research and pedagogic resource.

For more than a decade, the U.S. Supreme Court has turned a skeptical eye toward Congress. Distrustful of Congress’s capacity to respect constitutional boundaries, the Court has recently overturned federal legislation at a historically unprecedented rate. This intensified judicial scrutiny highlights the need for increased attention to how Congress approaches constitutional issues. In this important collection, leading scholars in law and political science examine the role of Congress in constitutional interpretation, demonstrating how to better integrate the legislative branch into understandings of constitutional practice.Several contributors offer wide-ranging accounts of the workings of Congress. They look at lawmakers’ attitudes toward Congress’s role as a constitutional interpreter, the offices within Congress that help lawmakers learn about constitutional issues, Congress’s willingness to use its confirmation power to shape constitutional decisions by both the executive and the courts, and the frequency with which congressional committees take constitutional questions into account. Other contributors address congressional deliberation, paying particular attention to whether Congress’s constitutional interpretations are sound. Still others examine how Congress and the courts should respond to one another’s decisions, suggesting how the courts should evaluate Congress’s work and considering how lawmakers respond to Court decisions that strike down federal legislation. While some essayists are inclined to evaluate Congress’s constitutional interpretation positively, others argue that it could be improved and suggest institutional and procedural reforms toward that end. Whatever their conclusions, all of the essays underscore the pervasive and crucial role that Congress plays in shaping the meaning of the Constitution.Contributors. David P. Currie, Neal Devins, William N. Eskridge Jr.. John Ferejohn, Louis Fisher, Elizabeth Garrett, Michael J. Gerhardt, Michael J. Klarman, Bruce G. Peabody, J. Mitchell Pickerill, Barbara Sinclair, Mark Tushnet, Adrian Vermeule, Keith E. Whittington, John C. Yoo