Weak Courts, Strong Rights: Judicial Review and Social Welfare Rights in Comparative Constitutional Law PDF (Adobe DRM) download by Mark Tushnet

Weak Courts, Strong Rights: Judicial Review and Social Welfare Rights in Comparative Constitutional Law

Princeton University Press
Publication date: July 2009
ISBN: 9781400828159
Digital Book format: PDF (Adobe DRM)

Buy PDF

List price:
$28.95
Our price:
$27.99

You save: $0.96 (3%)
GET THIS EBOOK
FOR FREE!
Join our Facebook sweepstake, share and
get 10 likes. Winners
get notified in 24H!

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. In Weak 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.

Please sign in to review this product.
Format:
Devices:
Weak Courts, Strong Rights PDF (Adobe DRM) can be read on any device that can open PDF (Adobe DRM) files.

File Size:
1364 Kb
Language:
ENG
Copy From Text:
Disabled.
Printing:
Disabled.
Weak Courts, Strong Rights: Judicial Review and Social Welfare Rights in Comparative Constitutional Law PDF (Adobe DRM) download by Mark Tushnet
Princeton University Press, July 2009
ISBN: 9781400828159
EAN:  9787770931451
PDF (Adobe DRM)
List Price: $28.95 eBook price: $27.99
Weak Courts, Strong Rights: Judicial Review and Social Welfare Rights in Comparative Constitutional Law ePub (Adobe DRM) download by Mark Tushnet
Princeton University Press, July 2009
ISBN: 9781400828159
EAN:  9781400828159
ePub (Adobe DRM)
List Price: $28.95 eBook price: $27.99
Other books by Mark Tushnet
In the Balance: Law and Politics on the Roberts Court ePub (Adobe DRM) download by Mark Tushnet
In the Balance: Law and Politics on the Roberts Court
Mark Tushnet
W. W. Norton & Company, September 2013
ISBN: 9780393073447
Format: ePub
List Price: $28.95 Our price: $27.99
The Constitution of the United States of America: A Contextual Analysis ePub (Adobe DRM) download by Mark Tushnet
The Constitution of the United States of America: A Contextual Analysis
Mark Tushnet
Hart Publishing, December 2008
ISBN: 9781841137384
Format: ePub
List Price: $22.99 Our price: $21.99
A Court Divided: The Rehnquist Court and the Future of Constitutional Law ePub (Adobe DRM) download by Mark Tushnet
A Court Divided: The Rehnquist Court and the Future of Constitutional Law
Mark Tushnet
W. W. Norton & Company, November 2005
ISBN: 9780393327571
Format: ePub
List Price: $15.95 Our price: $13.99
The New Constitutional Order PDF (Adobe DRM) download by Mark Tushnet
The New Constitutional Order
Mark Tushnet
Princeton University Press, August 2004
ISBN: 9780691120553
Format: PDF, ePub
List Price: $35.00 Our price: $32.99