Weak Courts, Strong Rights by Mark Tushnet at Bookstore UAE
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Weak Courts, Strong Rights

Weak Courts, Strong Rights


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About the Book

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.


About the Author: Mark Tushnet is the William Nelson Cromwell Professor of Law at Harvard Law School. His many books include The New Constitutional Order and Taking the Constitution Away from the Courts (both Princeton). He is a fellow of the American Academy of Arts and Sciences.


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Product Details
  • ISBN-13: 9780691143200
  • Publisher: Princeton University Press
  • Publisher Imprint: Princeton University Press
  • Depth: 25
  • Language: English
  • Returnable: Y
  • Spine Width: 20 mm
  • Weight: 462 gr
  • ISBN-10: 069114320X
  • Publisher Date: 01 Aug 2009
  • Binding: Paperback
  • Height: 231 mm
  • No of Pages: 312
  • Series Title: English
  • Sub Title: Judicial Review and Social Welfare Rights in Comparative Constitutional Law
  • Width: 152 mm


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