On Law, Politics, and Judicialization

By Martin Shapiro; Alec Stone Sweet | Go to book overview

Index
abortion
restricting access to in California 353 , 358-63 , 365 , 374
and social-liberal reform in Germany 195-6 , 202 , 206
absolute determinacy/indeterminacy, and path dependence 130
abstract review 185-86 , 343-75
assessment of 363-6
and concrete review 374-5
and constitutional politics 185-6 , 188 , 192 , 201-2
in Europe 367-9
in the United States 346 , 347-75see also concrete review
administrative agencies
and abstract review 373-4
and giving-reasons requirements 229-30 , 232 , 233-7 , 239 , 242-3 , 245
and political jurisprudence 48-9
adversary legalism 181-2 , 257
American courts
of Appeal 224
California Supreme Court (CSC), restricting access to abortion 353 , 358-63 , 374
and constitutional review 344
and constitutional rights 140
and the European Union 221 , 222
and federalism 167
and giving-reasons requirements 228 , 234 , 236 , 237
and international commercial arbitration 339-41
and policy formulation in tort law 107
and political jurisprudence 4 , 8-9 , 23 , 24 , 34-6 , 38-40
preliminary injunctions and declaratory judgements 348-9see also Supreme Court (USA)
American law
and European law 223-4 , 237-8 , 257
and giving-reasons requirements 228 , 229 , 231
and stare decisis94-6
Americanized law firms, and globalization 319 , 320-1
analogic reasoning, and path dependence 122-5 , 131
Anglo-American legal discourse, and stare decisis111
APA (Administrative Procedures Act, United States) 138 , 221 , 229 , 233-4 , 238-9 , 257
appeals cases 216-17
and Islamic law 219-20
US courts of appeal 224
arbitration
and global contract law 292 , 300-3 , 318 , 319-20
and the new Lex Mercatoria338-9 , 341-2
US law on international commercial arbitration 339-41
argumentation frameworks, and path dependence 112-13 , 124-5 , 126-8 , 129 , 132 , 133 , 134
Arrow's impossibility theorem 11
Arthur, Brian 99 , 113 , 114 , 115
attitudinal research, on judges and political jurisprudence 28 , 30-3 , 40-3 , 46-8 , 49-51
Australia, and constitutional judicial review 136 , 149 , 151 , 167
Austria, and constitutional judicial review 137 , 147
'back to the state' movement 13
behaviouralism, and political jurisprudence 10 , 29-30 , 32 , 42
Bentham, Jeremy, Principles of Morals and Legislation19
Bickel, Alexander 23
biographies, judicial 31-2
'The Birth of Judicial Politics in France' (Stone Sweet) 17 , 145-6
Black, Charles 23-4
Black, Justice 352
bloc analysis, of political jurisprudence 44-5 , 45-6
Brandt, Willy 193-4
Britain see United Kingdom
business format franchising 313
business lawyers 295-6
business organization, and contract law 315-21

-407-

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On Law, Politics, and Judicialization
Table of contents

Table of contents

  • On Law, Politics, and Judicialization iii
  • Acknowledgements vii
  • Contents ix
  • List of Figures x
  • 1: Law, Courts, and Social Science 1
  • Political Jurisprudence 19
  • Judicialization and the Construction of Governance 55
  • Appendix 88
  • 2: Judicial Law-Making and Precedent 90
  • Towards a Theory of Stare Decisis 102
  • Path Dependence, Precedent, and Judicial Power 112
  • 3: Constitutional Judicial Review 136
  • The Success of Judicial Review and Democracy 149
  • Constitutional Politics in France and Germany 184
  • 4: Testing, Comparison, Prediction 209
  • The Giving Reasons Requirement 228
  • Appendix 290
  • 5: Judges and Company 292
  • Globalization of Freedom of Contract 296
  • Islands of Transnational Governance 323
  • 6: Abstract Review and Judicial Law-Making 343
  • References 376
  • Index 407
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