The Birth of Judicial Politics
in France
Alec Stone Sweet

judicialpolitics Oxford University Press

2003
Hardback

From the Dustcover:

"Judicial politics specialists are Americanists, and comparativists know nothing about law and courts. Stone's book, which is a highly sophisticated 'public law' study by a first-class comparativist, is a major step into the gap, and must reading for scholars in both fields."

Martin Shapiro
University of Califoria at Berkeley School of Law

"This is a first-rate study of a phenomenon of growing importance of European politics - the rise of constitutional review. Stone illuminates the problem with a fine eye for the nuances of French politics as well as judicial interpretation."

Peter Hall
Harvard University

"Undoubtedly a significant contribution to our understanding of French constitutional process. Stone has studied the changes in the role of the Council with great virtuousity and real scholarship. He has read everything there is on the subject, and he has rightly juxtaposed narrative chapters, analytical sections, case studies, and comparative perspectives."

Stanley Hoffmann
Minda de Gunsburg Center for European Studies
Harvard University

Table of Contents

Introduction: Where Judicial Politics Are Legislative Politics

I. Inventing Constitutional Review in France

1.   The Historical Tension: Politics v. le droit
2.   From Watchdog to Policymaker: Structure, Function, Mandate
3.   From Watchdog to Policymaker: The Evolution of Constitutional Review
4.   Understanding French Constitutional Politics

II. Policymaking the Shadow of the Constitutional Council

5.   The Juridicized Policymaking Process
6.   The Council Legislates: Nationalization and Privatization Policy
7.   The Council Legislates: In Search of Media Pluralism
8.   The Third Chamber Model: A Review and Defense

III. Toward a Comparative Understanding of Judicial Review

9.   West European Constitutional Courts in Comparative Perspective


Appendix
Notes
References
Index

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