European Court of Justice (Segment C) -- SCOTUS (Segment A) -- SCOTUS (Segment B) -- SCOTUS (Segment C) -- SCOTUS (Segment D) -- South Africa : Constitutional Court and Supreme Court of Appeal -- European Court of Justice (Segment A) -- European Court of Justice (Segment B) -- European Court of Justice (Segment C) -- Concluding remarks.
Summary:
This book deals with what the author considers a sorely neglected question, namely the role of the judiciary in states' foreign policy processes. Eksteen argues that the impact of the judiciary on foreign affairs is understudied and that recognition of its role in foreign affairs is now due. A detailed examination has been undertaken of the role of the United States Supreme Court, the two high courts in South Africa, namely the Constitutional Court and the Supreme Court of Appeal, and the European Court of Justice of the European Union in foreign affairs. The author substantiates the unmistakable fact that these Courts have become involved in and influence foreign affairs. Furthermore, that they have not shied away from using their judicial authority when dealing with cases touching on foreign affairs and especially presidential overreach. The lack of recognition of the judiciary's role in foreign affairs is still noticeable in Foreign Policy Analysis (FPA) literature. This book concludes that FPA has to accept and give proper recognition to the judiciary and its increasing relevance in foreign affairs.
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