Weak Courts, Strong Rights
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Editorial Reviews
Review
In this study of various theoretical issues of concern to students of comparative constitutional law, Tushnet has done a remarkable job of analyszing and comparing existing forms of judicial review....Tushnet's impeccable research leads us through varied constitutional systems including, for example, Argentina, Canada, Great Britain, and Ireland. This is constitutional scholarship at its best.
(R.J. Steamer Choice )
Mark Tushnet has written an important book, featuring mastery of pertinent comparative constitutional law literature and an incredible ideas-per-ink ratio. . . . Any serious scholar of comparative constitutional law cannot afford to skip this book.
(Ran Hirschl Ottawa Law Review )
Tushnet explores two prominent questions that constitutional drafters must ask: What powers of judicial review should courts have? and What rights should be enumerated? . . . Tushnet's ambitious agenda in Weak Courts, Strong Rights is equally important for political scientists and comparative legal scholars.
(Theresa J. Squatrito Comparative Political Studies )
(R.J. Steamer Choice )
Mark Tushnet has written an important book, featuring mastery of pertinent comparative constitutional law literature and an incredible ideas-per-ink ratio. . . . Any serious scholar of comparative constitutional law cannot afford to skip this book.
(Ran Hirschl Ottawa Law Review )
Tushnet explores two prominent questions that constitutional drafters must ask: What powers of judicial review should courts have? and What rights should be enumerated? . . . Tushnet's ambitious agenda in Weak Courts, Strong Rights is equally important for political scientists and comparative legal scholars.
(Theresa J. Squatrito Comparative Political Studies )
Review
Tushnet puts flesh on the bones of the claim that constitutionally guaranteed social rights, judicially enforced, are already a part of the jurisprudence of the United States and other countries of interest. He takes this argument some distance beyond where any other scholar has taken it, so far as I know, and he does so with considerable refinement. This book gives a full and strong manifestation of the style, intelligence, and learning that have earned Tushnet his eminence as a scholar of American constitutional law and comparative constitutionalism.
(Frank I. Michelman, Harvard Law School )
(Frank I. Michelman, Harvard Law School )
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evaluating legislative performance, judicial overhang, normative finality, inability statement, nonjusticiable rights, state action problem, state action doctrine, interpretive mandate, state action limitation, weak remedies, constitutional performance, state action question, indirect horizontal effect, other constitutional systems, state action issue, social welfare rights, nonconstitutional law, timing explanation, background rules, comparative constitutional law, hate speech regulation, human rights statute, facial validity, free speech law, enforcing social Key Phrases - Capitalized Phrases (CAPs): (learn more)
Supreme Court, United States, First Amendment, Constitutional Court, European Convention, Dolphin Delivery, Human Rights, Structures of Judicial Review, United Kingdom, Fourteenth Amendment, Mark Tushnet, African Americans, Justice La Forest, South Africa, Basic Law, New York Times, Instability of Weak-Form Review, Alternative Forms of Judicial Review, New Zealand, Professor Roach, Legal Process, House of Lords, European Court, Great Britain, Nonjudicial Interpretation Browse Sample Pages:
Front Cover | Table of Contents | First Pages | Index | Back Cover | Surprise Me!
evaluating legislative performance, judicial overhang, normative finality, inability statement, nonjusticiable rights, state action problem, state action doctrine, interpretive mandate, state action limitation, weak remedies, constitutional performance, state action question, indirect horizontal effect, other constitutional systems, state action issue, social welfare rights, nonconstitutional law, timing explanation, background rules, comparative constitutional law, hate speech regulation, human rights statute, facial validity, free speech law, enforcing social Key Phrases - Capitalized Phrases (CAPs): (learn more)
Supreme Court, United States, First Amendment, Constitutional Court, European Convention, Dolphin Delivery, Human Rights, Structures of Judicial Review, United Kingdom, Fourteenth Amendment, Mark Tushnet, African Americans, Justice La Forest, South Africa, Basic Law, New York Times, Instability of Weak-Form Review, Alternative Forms of Judicial Review, New Zealand, Professor Roach, Legal Process, House of Lords, European Court, Great Britain, Nonjudicial Interpretation Browse Sample Pages:
Front Cover | Table of Contents | First Pages | Index | Back Cover | Surprise Me!
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