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The Politics of Constitutional Review in France and Europe
Alec Stone Sweet
出版
SSRN
, 2010
URL
http://books.google.com.hk/books?id=iGLCzgEACAAJ&hl=&source=gbs_api
註釋
To the question: Is constitutional review by a Constitutional Court law or politics? This article responds with a survey of various notions of the political, providing illustrations drawn from France and Europe and assessing Louis Favoreu's role in French debates on the legitimacy of review. The article elaborates a basic model of constitutional politics, defined as lawmaking processes - legislative, administrative, judicial - that are mediated by constitutional norms and jurisprudence. Such politics register the extent to which constitutional courts have accrued agency in the world of government. Today, constitutional judges function as positive legislators, with transformative effects on parliamentary governance.