Due Process of Lawmaking

The United States, South Africa, Germany, and the European Union

Nonfiction, Reference & Language, Law, Comparative, Social & Cultural Studies, Political Science
Cover of the book Due Process of Lawmaking by Susan Rose-Ackerman, Stefanie Egidy, James Fowkes, Cambridge University Press
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Author: Susan Rose-Ackerman, Stefanie Egidy, James Fowkes ISBN: 9781316189221
Publisher: Cambridge University Press Publication: January 22, 2015
Imprint: Cambridge University Press Language: English
Author: Susan Rose-Ackerman, Stefanie Egidy, James Fowkes
ISBN: 9781316189221
Publisher: Cambridge University Press
Publication: January 22, 2015
Imprint: Cambridge University Press
Language: English

With nuanced perspective and detailed case studies, Due Process of Lawmaking explores the law of lawmaking in the United States, South Africa, Germany, and the European Union. This comparative work deals broadly with public policymaking in the legislative and executive branches. It frames the inquiry through three principles of legitimacy: democracy, rights, and competence. Drawing on the insights of positive political economy, the authors explicate the ways in which courts uphold these principles in the different systems. Judicial review in the American presidential system suggests lessons for the parliamentary systems in Germany and South Africa, while the experience of parliamentary government yields potential insights into the reform of the American law of lawmaking. Taken together, the national experiences shed light on the special case of the EU. In dialogue with each other, the case studies demonstrate the interplay between constitutional principles and political imperatives under a range of different conditions.

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With nuanced perspective and detailed case studies, Due Process of Lawmaking explores the law of lawmaking in the United States, South Africa, Germany, and the European Union. This comparative work deals broadly with public policymaking in the legislative and executive branches. It frames the inquiry through three principles of legitimacy: democracy, rights, and competence. Drawing on the insights of positive political economy, the authors explicate the ways in which courts uphold these principles in the different systems. Judicial review in the American presidential system suggests lessons for the parliamentary systems in Germany and South Africa, while the experience of parliamentary government yields potential insights into the reform of the American law of lawmaking. Taken together, the national experiences shed light on the special case of the EU. In dialogue with each other, the case studies demonstrate the interplay between constitutional principles and political imperatives under a range of different conditions.

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