The politico-legal dynamics of judicial review : a comparative analysis / Theunis Roux, University of New South Wales, Sydney.

Cambridge, United Kingdom ; New York, NY : Cambridge University Press, 2018.

©2018

K3175 .R68 2018

9781108425421 hardcover
1108425429 hardcover
9781108576017 electronic book

xvi, 372 pages : illustrations ; 24 cm.

(OCoLC)1029073875

"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, [this book] 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, [the author] concludes, is distinct both from the everyday business of constitutional politics and changes to the formal constitution."-- Publisher's website.

Includes bibliographical references (pages 329-351) and index.

ebook version : 9781108576017

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Purchased from the income of the Szladits Fund