9780691130927

Weak Courts, Strong Rights

by
  • ISBN13:

    9780691130927

  • ISBN10:

    0691130922

  • Format: Hardcover
  • Copyright: 2007-10-15
  • Publisher: Princeton Univ Pr

Note: Supplemental materials are not guaranteed with Rental or Used book purchases.

Purchase Benefits

  • Free Shipping Icon Free Shipping On Orders Over $35!
    Your order must be $35 or more to qualify for free economy shipping. Bulk sales, PO's, Marketplace items, eBooks and apparel do not qualify for this offer.
  • eCampus.com Logo Get Rewarded for Ordering Your Textbooks! Enroll Now
List Price: $52.50 Save up to $16.56
  • Buy Used
    $39.38
    Add to Cart Free Shipping Icon Free Shipping

    USUALLY SHIPS IN 2-4 BUSINESS DAYS

Supplemental Materials

What is included with this book?

Summary

Unlike many other countries, the United States has few constitutional guarantees of social welfare rights such as income, housing, or healthcare. In part this is because many Americans believe that the courts cannot possibly enforce such guarantees. However, recent innovations in constitutional design in other countries suggest that such rights can be judicially enforced-not by increasing the power of the courts but by decreasing it. InWeak Courts, Strong Rights, Mark Tushnet uses a comparative legal perspective to show how creating weaker forms of judicial review may actually allow for stronger social welfare rights under American constitutional law. Under "strong-form" judicial review, as in the United States, judicial interpretations of the constitution are binding on other branches of government. In contrast, "weak-form" review allows the legislature and executive to reject constitutional rulings by the judiciary--as long as they do so publicly. Tushnet describes how weak-form review works in Great Britain and Canada and discusses the extent to which legislatures can be expected to enforce constitutional norms on their own. With that background, he turns to social welfare rights, explaining the connection between the "state action" or "horizontal effect" doctrine and the enforcement of social welfare rights. Tushnet then draws together the analysis of weak-form review and that of social welfare rights, explaining how weak-form review could be used to enforce those rights. He demonstrates that there is a clear judicial path--not an insurmountable judicial hurdle--to better enforcement of constitutional social welfare rights.

Table of Contents

Prefacep. ix
Acknowledgmentsp. xv
Strong-Form and Weak-Form Judicial Review
Why Comparative Constitutional Law?p. 3
Alternative Forms of Judicial Reviewp. 18
The Possible Instability of Weak-Form Review and Its Implicationsp. 43
Legislative Responsibility for Enforcing the Constitution
Why and How to Evaluate Constitutional Performancep. 79
Constitutional Decision Making Outside the Courtsp. 111
Judicial Enforcement of Social and Economic Rights
The State Action Doctrine and Social and Economic Rightsp. 161
Structures of Judicial Review, Horizontal Effect, and Social Welfare Rightsp. 196
Enforcing Social and Economic Rightsp. 227
Table of Casesp. 265
Indexp. 269
Table of Contents provided by Ingram. All Rights Reserved.

Rewards Program

Reviews for Weak Courts, Strong Rights (9780691130927)