The contributions in this book address various issues pertaining to the judicialization of politics and politicization of justice. This theme lends itself to a number of approaches that are of the highest interest to contemporary public law. Methodological and theoretical diversity and the originality of the general conceptual approach are the major strengths of this book. In conceptual terms, the contributions do not assume a unitary definition of the phenomenon of politicization/judicialization, starting from the premise that such definitions are by necessity grossly oversimplifying and therefore of limited epistemological use.

Due to its unique approach, this work is a distinctive and unique product compared to the existing literature on the subject.

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Inhoudsopgave:

List of Contributors; Acknowledgements; INTRODUCTION; Law/Politics Distinctions – The Elusive Reference Points (Bogdan Iancu); PART I: CONSTITUTIONALISM IN TRANSFORMATION; Chapter 1: Constitutions, Constitutional Courts, and Constitutional Interpretation at the Interface of Law and Politics (Dieter Grimm); Chapter 2: The Law/Politics Distinction in the Experience of the European Court of Justice and the Supreme Court of Canada: A Comparative Study (Armand de Mestral & Jan A. Winter); Chapter 3: Judicialization and Transnational Governance: The Example of WTO Law and the GMO Dispute (Christian Joerges); The Judicialized Handling of Global Risk (Comment by András Sajó); Chapter 4: Myths of Miscegenation. Should the Concept of “Reasonable Accommodation” for Subordinated Groups and Minorities Be Constitutionalized? (Roderick A. Macdonald & Thomas McMorrow); PART II: TRANSITIONAL CONSTITUTIONALISM; Chapter 5: The Functions of Law and Lawyers in Political and Social Transformation Processes (Bernd Rüthers); Socialist Law Unaccounted (Comment by András Sajó); Chapter 6: Idealization, De-Politicization and Economic Due Process: System Transition in the European Union (Alexander Somek); Chapter 7: On Post-Communist Transformation, Structural Corruption and Dealing with the Past as Constitutional Process (Adam Czarnota); Chapter 8: Constitutionalism in Perpetual Transition: The Case of Romania (Bogdan Iancu)