- 578 pages
- English
- PDF
- Available on iOS & Android
The Role of Courts in Contemporary Legal Orders
About this book
This book aims to address the rising importance of courts in contemporary legal orders. It explores the role of courts on national, international, supranational and global level. The book provides for a multidiscursive analysis – theoretical and comparative, exemplified with case-studies.
The book is timely and topical analysis of pressing issues related to the enhanced role of courts in politics and the increased impact of politics on courts. It explores fundamental issues such as the legitimacy of courts, judicial activism, theory and philosophy of judicial decision-making, and the impact of politics, ethics, logic and technology on legal argumentation. It provides an analysis of the role of courts in supranational and global constitutionalism. Furthermore, the role of constitutional courts, administrative courts and criminal courts as well as the most important international and supranational courts is critically assessed. Special attention is devoted to the role of courts in the context of democratic backsliding, illiberal democracies and populist constitutionalism. Key issues related to the impact of courts on environmental and human rights' protection are also addressed. The book finishes with the provocative chapter on the alternatives to courts.
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Information
Table of contents
- Table of Contents
- Introduction
- Part I Theory and Philosophy of Judicial Decision-Making: The Impact of Politics, Ethics, Logic and Technology on Legal Argumentation
- Part II Legitimacy of Courts: Judicial Activism, Supranational Judicial Empire and Beyond
- Part III The Role of Constitutional Courts in Contemporary Legal Orders
- Part IV The Role of Administrative Courts in Contemporary Legal Orders
- Part V The Role of Criminal Courts in Contemporary Legal Orders
- Part VI The Role of Courts in the Context of Democratic Backsliding, Illiberal Democracies and Populist Constitutionalism
- Part VII Courts and Human Rights
- Part VIII The Role of Courts in Environmental Issues
- Part IX Are There Alternatives to Courts?
- About the Editor
- About the Authors