This book demonstrates the empirical gains and integrative potential of social systems theory for the sociology of law. The study observes judicial review as an instrument for the self-steering of a functionally differentiated legal system. This approach allows close investigation of the US Supreme Court’s jurisprudence of rights, both in legal terms and in relation to structural transformations of modern society, and of the European Court of Human Rights’ privacy jurisprudence, which suggests the pertinence of the analytic framework to other rights and jurisdictions.
Judicial networks have proved effective in influencing recent judicial policies enacted by both old and new EU member states. This volume seeks to improve our understanding of how networks function, the extent to which they matter in the governance of a constitutional democracy and with what consequences networks interact with hierarchical institutions that still exist within the States. The authors also examine the way the networks cross the legal and territorial borders that confine the jurisdiction of the domestic institutions, and whether they are independent of the leadership of their members.
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