By Charles de Secondat Montesquieu
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Extra info for The Spirit of Laws Part Two
Example text
4: The larger the support an existing national institution to be changed by European law enjoys, the more limited the effects of public interest group litigation on the implementation of European law will be. Finally, it needs to be emphasised that the four variables do not determine the potential effect of law enforcement through the courts independently of each other. Although each variable may be the reason why litigation has failed, the overall effect of litigation depends on the characteristics of all the variables.
Here, the term ‘institution’ is understood broadly, and means a formal or informal system of rules. Examples of institutions range from very formalised ones, such as law, to rather informal ones, such as traditions or normative understandings of ‘how things should be done’ (for an extensive discussion, see Voss 2001). Drawing on economic theory, institutional theory emphasises the fact that institutions may become ‘locked in’ as more and more actors adapt their behaviour to them. This creates so-called increasing returns, or self-reinforcing, positive feedback processes.
The literature closest to my topic is work on interest group litigation. g. Olson 1990; DeGregorio/Rossotti 1995; Epstein/Kobylka/Stewart 1995; de Figueiredo/de Figueiredo 2002; Kritzer/Silbey 2003). However, the main problem with this literature is that it has great difficulty in explaining cross-national differences as it only focuses on one country. With regard to group-specific explanatory factors (resources, access to courts) that could also be relevant to my focus, they have largely been covered in the literature on interest group litigation discussed below.