Courts and Political Institutions: A Comparative View by Tim Koopmans

By Tim Koopmans

The frontier among "law" and "politics" isn't constantly straight forward. even though courts are allowed to operate generally, governments and parliaments may also make autonomous judgements. Tim Koopmans compares the best way American, British, French and German legislations and politics deal with various concerns. for instance, hugely "political" matters in a single kingdom may possibly represent criminal matters in one other. Koopmans considers case legislation in various concerns, together with human rights security, federalism, separation of powers, and the effect of ecu and overseas legislation.

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Van den Steene, De Belgische Grondwetscommissie, Oktober– November 1830 (Brussels, 1963), ‘Besluit’. 2. the impact of the british model 21 Parliament can legally do so; but learned opinion in Britain has it that Parliament will, in fact, never do so because it must be considered as the traditional defender of civil liberties. The Belgian Parliament is, however, under a legal obligation to refrain from legislation of this kind. The supremacy of the Constitution does not necessarily imply that the compatibility of statutes with constitutional provisions will have to be assessed by the courts or by a judicial body.

If, for example, Parliament itself adopts a statute imposing a particular procedure for a specific kind of legislation, or prohibiting the repeal of it, is it then a valid argument before a court 23 24 R v. Secretary of State for Transport ex p Factortame (ii) [1991] AC 603. Blackburn v. AG [1971] 1 WLR 1037. The expression ‘Court of Appeal’ refers to the Court of Appeal of England and Wales. 26 2. the sovereignty of parliament that Parliament has not respected these self-imposed requirements? The classic answer to this question was in the negative: the validity of a statute cannot be challenged, even if earlier statutes imposed requirements to be met by later statutes.

In answer to the argument that an Act of Parliament has been passed improperly, the court will merely say that it is for the legislature to correct it by repealing it: the court must apply the statute. 21 Thus statutes cannot be challenged on formal grounds. A third characteristic is that courts will not examine whether a statute is or is not compatible with rules of international law. e. beyond Parliament’s jurisdiction. If a statute provides that it applies to the herring fishery in certain bays near the coast of Scotland, the judges will apply that statute even if they happen to be convinced that, according to rules of public international law, some of these waters are outside British authority.

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