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"For centuries, courts across the common law world have developed systems of law by building bodies of judicial decisions. In deciding individual cases, common law courts settle litigation and move the law in new directions. By virtue of their place at the top of the judicial hierarchy, courts at the apex of common law systems are unique in that their decisions and, in particular, the language used in those decisions, resonate through the legal system. Although both the common law and apex courts have been studied extensively, scholars have paid less attention to the relationship between the two. By analyzing apex courts and the common law from multiple angles, this book offers an entry point for scholars in disciplines related to law--such as political science, history, and sociology--who are seeking a deeper understanding and new insights as to how the common law applies to and is relevant within their own disciplines."--

Constitutional courts. --- Common law. --- Anglo-American law --- Law, Anglo-American --- Customary law --- Courts, Constitutional --- Courts, Supreme --- Supreme courts --- Courts of special jurisdiction --- Courts of last resort --- apex courts. --- common law. --- courts. --- history. --- law. --- legal systems. --- litigation. --- political science. --- sociology.

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The power of national and transnational constitutional courts to issue binding rulings in interpreting the constitution or an international treaty has been endlessly discussed. What does it mean for democratic governance that non-elected judges influence politics and policies? The authors of Judicial Power - legal scholars, political scientists, and judges - take a fresh look at this problem. To date, research has concentrated on the legitimacy, or the effectiveness, or specific decision-making methods of constitutional courts. By contrast, the authors here explore the relationship among these three factors. This book presents the hypothesis that judicial review allows for a method of reflecting on social integration that differs from political methods, and, precisely because of the difference between judicial and political decision-making, strengthens democratic governance. This hypothesis is tested in case studies on the role of constitutional courts in political transformations, on the methods of these courts, and on transnational judicial interactions.

Constitutional courts --- Judicial power --- Judicial power. --- Political questions and judicial power. --- Political questions and judicial power --- Courts, Constitutional --- Courts, Supreme --- Supreme courts --- Courts of special jurisdiction --- Courts of last resort --- Judiciary --- Justiciability --- Power, Judicial --- Constitutional law --- Courts --- Implied powers (Constitutional law) --- Judicial independence --- Separation of powers --- Judicial activism --- Judicial power and political questions --- Act of state --- Administrative discretion --- Judicial review --- Jurisdiction --- Law --- Rule of law --- Political aspects --- #SBIB:327.7H07 --- #SBIB:340H80 --- Universele organisatie: algemeen --- Internationaal recht, algemeen