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  1. Home
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  3. Due Process of Lawmaking
  • Cited by 26
Publisher:
Cambridge University Press
Online publication date:
December 2014
Print publication year:
2015
Online ISBN:
9781107338845
DOI:
https://doi.org/10.1017/CBO9781107338845
Subjects:
Law, Comparative Law, Politics and International Relations, Comparative Politics
Information

Book description

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.

Reviews

'By masterfully combining a number of theoretical and analytical approaches, Rose-Ackerman, Egidy and Fowkes illuminate the judicial review of lawmaking and rulemaking in the United States, South Africa, Germany and the European Union and draw comparative lessons for making the process more democratic and accountable in all four jurisdictions. This pathbreaking book will constitute essential reading for scholars of comparative law for many years to come.'

Francesca Bignami - George Washington University Law School

'Due process is rightly regarded as central to public law regimes. This important book throws fresh light on how we conceive of due process in the context of lawmaking. The comparative focus throws into sharp relief the features that distinguish the approach of legal systems to this issue, as well as drawing out common themes. It is a valuable addition to the existing literature.'

Paul Craig - University of Oxford

'Due Process of Lawmaking offers a novel account of how rules are adopted in some liberal democracies. This work displays a broad and systematic outlook of policy-making processes that focuses on democracy, the protection of rights and the competence of decision makers. It provides an accurate comparative analysis of such processes and brings together views in the theory of government, law and political economy.'

Giacinto della Cananea - University of Rome

'This comparative study thoughtfully, subtly, and thoroughly explores efforts to enhance the democratic legitimacy of law- and policy making in the legislature and in the executive branch. The authors’ in-depth analysis has particular relevance for Europe where public law is faltering and constitutionalism is under threat.'

Christian Joerges - Hertie School of Governance, Berlin

'For a generation of American scholars, Hans Linde’s famous article, ‘Due Process of Lawmaking,’ provided the touchstone for debates about judicial review of the legislative process. The issue has long since taken on comparative and global dimensions. With this excellent comparative study, which borrows its title and general subject from Linde, the authors have given a new generation of scholars around the world a fresh point of departure for that critical conversation.'

Daniel Halberstam - Eric Stein Collegiate Professor of Law, University of Michigan Law School

'Insightful, informative, and occasionally provocative, Due Process of Lawmaking: The United States, South Africa, Germany, and the European Union by Susan Rose-Ackerman, Stefanie Egidy, and James Fowkes is a consummate example of comparative public law scholarship. … As the title indicates, the book investigates the law of lawmaking across four jurisdictions with quite different institutional contexts and constitutional cultures: the United States, South Africa, Germany, and the European Union. One of the book’s most commendable qualities is the careful and methodical way in which the authors embark upon this ambitious inquiry.'

Eoin Carolan Source: The American Journal of Comparative Law

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