Constitutional Dialogues in Comparative Perspective

by Kenney, Sally J.

• ISBN13: 9780312217679
• ISBN10: 0312217676
• Format: Trade Book
• Copyright: 1999-03-15
• Publisher: Palgrave Macmillan

Summary

From Russia and Hungary to the United States and Canada, including Britain, France, and Germany, courts are increasingly recognized as political institutions that are important players in political systems. In addition, transnational courts such as the European Court of Justice and European Court of Human Rights are extending their reach and affecting more than ever the politics of member states. This book contains essays written by scholars of law and political science exploring the relationship between law and politics in cross-national perspective, focusing principally on contemporary Europe.

Author Biography

Sally J. Kenney is Associate Professor of Public Policy and Law at the Humphrey Institute of Public Affairs at the University of Minnesota.

William M. Reisinger is Professor of Political Science at the University of Iowa.

John C. Reitz is Professor of Law at the University of Iowa, College of Law.

Table of Contents

Notes on the Contributors	ix	(2)
Foreword	xi	(7)
J.H.H. Weiler
Acknowledgments	xviii	(1)
List of Abbreviations	xix
1 Introduction: Constitutional Dialogues in Comparative Perspective	1	(7)
Sally J. Kenney
William M. Reisinger
John C. Reitz
2 Constitutional Dialogues: Protecting Rights in France, Germany, Italy and Spain	8	(34)
Alec Stone Sweet
3 Experimental Constitutionalism: A Comparative Analysis of the Institutional Bases of Rights Enforcement in Post-Communist Hungary	42	(20)
Jeffrey Seitzer
4 Political Economy and Abstract Review in Germany, France and the United States	62	(27)
John C. Reitz
5 A Comparative Study of the Constitutional Protection of Hate Speech in Canada and the United States: A Search for Explanations	89	(30)
William G. Buss
6 Intercultural Citizenship: Statutory Interpretation and Belonging in Britain	119	(24)
Susan Sterett
7 The Judges of the Court of Justice of the European Communities	143	(29)
Sally J. Kenney
8 Legal Orientations and the Rule of Law in Post-Soviet Russia	172	(21)
William M. Reisinger
9 The Success of Judicial Review	193	(27)
Martin Shapiro
Cases and Official Documents Cited	220	(7)
Books, Articles and Chapters Cited	227	(22)
Index	249