
Contents
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Overview of the Book Overview of the Book
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Orientations Orientations
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Political Jurisprudence and Its Critics Political Jurisprudence and Its Critics
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Judicialization and Governance Judicialization and Governance
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Part front matter for 1 Law, Courts, and Social Science
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Published:August 2002
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Extract
Over the past half‐century, the domain of the litigator and the judge has radically expanded. In successive waves of democratization and state reform, a ‘new constitutionalism’ (Shapiro and Stone 1994) has swept across Europe and made inroads into Africa, Latin America, and Asia. In moves of enormous consequence, new constitutions typically repudiate legislative supremacy, establish fundamental human rights as substantive constraints on legislators and administrators, and provide for judicial protection of these rights against abuses by public authority. At the international level, events appear as dramatic and transformative. The European Court of Justice has fashioned a quasi‐federal, legal system out of a treaty (Stein 1981; Weiler 1999); the judicialization of the GATT was consolidated and institutionalized as the legal system of the World Trade Organization (Hudec 1992; Stone Sweet 1998a); the scope and effectiveness of regional and global human rights regimes have steadily expanded (Helfer and Slaughter 1997); and transnational business has constructed a private, ‘a‐national’ legal system that today competes with national law and state courts (Dezelay and Garth 1996; Mattli 2001). We could go on. Our point is that it will be increasingly difficult for scholars who do empirical research on government, or governance, to avoid encountering a great deal of law and courts.
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