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Governing with JudgesConstitutional Politics in Europe$
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Alec Stone Sweet

Print publication date: 2000

Print ISBN-13: 9780198297710

Published to Oxford Scholarship Online: April 2004

DOI: 10.1093/0198297718.001.0001

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(p.61) 3 Legislating
Governing with Judges

Alec Stone Sweet

Oxford University Press

The growing interdependence between law‐making and constitutional judging is explored, proceeding from the view that constitutional courts ought to be conceptualized as specialized legislative organs. Judicialization also engenders and institutionalizes new modes of legislative discourse and practice. The conclusion is drawn that constitutional adjudication transformed the nature of parliamentary governance unexpectedly and with significant effects.

Keywords:   autolimitation, constitutional politics, Corrective revision, Judicialization, Principal‐agent contract

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