Weak Courts, Strong Rights : Judicial Review and Social Welfare Rights in Comparative Constitutional Law
Mark. Tushnet
Bok Engelsk 2009 · Electronic books.
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| Utgitt | Princeton : : Princeton University Press, , 2009.
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| Omfang | 1 online resource (288 p.)
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| Opplysninger | Description based upon print version of record.. - Contents; Preface; Acknowledgments; PART I: Strong-Form and Weak-Form Judicial Review; CHAPTER 1 Why Comparative Constitutional Law?; CHAPTER 2 Alternative Forms of Judicial Review; CHAPTER 3 The Possible Instability of Weak-Form Review and Its Implications; PART II: Legislative Responsibility for Enforcing the Constitution; CHAPTER 4 Why and How to Evaluate Constitutional Performance; CHAPTER 5 Constitutional Decision Making Outside the Courts; PART III: Judicial Enforcement of Social and Economic Rights; CHAPTER 6 The State Action Doctrine and Social and Economic Rights. - CHAPTER 7 Structures of Judicial Review, Horizontal Effect, and Social Welfare RightsCHAPTER 8 Enforcing Social and Economic Rights; Table of Cases; Index; A; B; C; D; E; F; G; H; I; J; K; L; M; N; O; P; Q; R; S; T; U; V; W. - 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 allo
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| Emner | Judicial review.
Social rights. Constitutional Law - U.S. Law - U.S. Vis mer... Law, Politics & Government
velferdsstaten jus velferdsrett sosialrett usa rettigheterloven juridisk domstoler prøvingsrett lover |
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| ISBN | 9780691130927. - 9780691143200
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