The Law/Politics Distinction in Contemporary Public Law Adjudication

by Iancu, Bogdan

• ISBN13: 9789077596654
• ISBN10: 9077596658
• Format: Hardcover
• Copyright: 2009-04-09
• Publisher: Eleven International Publishing

Summary

The contribution in this book address various issues pertaining to the judicialization of politics and the politicization of justice. This theme lends itself to a number of approaches that are of the highest interest to contemporary public law. The context of transitional constitutionalism presents a number of compounded complications and interesting contradictions related to the topic.

Author Biography

Bogdan Iancu, Lecturer in Public Law, University of Bucharest, Faculty of Political Science

Table of Contents

List of Contributors	p. vii
Acknowledgements	p. ix
Introduction
Law/Politics Distinctions - The Elusive Reference Points	p. 1
Constitutionalism in Transformation	p. 19
Constitutions, Constitutional Courts, and Constitutional Interpretation at the Interface of Law and Politics	p. 21
The Law/Politics Distinction in the Experience of the European Court of Justice and the Supreme Court of Canada: A Comparative Study	p. 35
Judicialization and Transnational Governance: The Example of WTO Law and the GMO Dispute	p. 67
The Judicialized Handling of Global Risk Comment	p. 85
Myths of Miscegenation. Should the Concept of "Reasonable Accommodation" for Subordinated Groups and Minorities Be Constitutionalized?	p. 89
Transitional Constitutionalism	p. 115
The Functions of Law and Lawyers in Political and Social Transformation Processes	p. 117
Socialist Law Unaccounted Comment	p. 133
Idealization, De-Politicization and Economic Due Process: System Transition in the European Union	p. 137
On Post-Communist Transformation, Structural Corruption and Dealing with the Past as Constitutional Process	p. 169
Constitutionalism in Perpetual Transition: The Case of Romania	p. 187
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