Reconstructing rights : courts, parties, and equality rights in India, South Africa, and the United States
Author(s)
Bibliographic Information
Reconstructing rights : courts, parties, and equality rights in India, South Africa, and the United States
(Comparative constitutional law and policy)
Cambridge University Press, 2022
- pbk.
Available at 1 libraries
  Aomori
  Iwate
  Miyagi
  Akita
  Yamagata
  Fukushima
  Ibaraki
  Tochigi
  Gunma
  Saitama
  Chiba
  Tokyo
  Kanagawa
  Niigata
  Toyama
  Ishikawa
  Fukui
  Yamanashi
  Nagano
  Gifu
  Shizuoka
  Aichi
  Mie
  Shiga
  Kyoto
  Osaka
  Hyogo
  Nara
  Wakayama
  Tottori
  Shimane
  Okayama
  Hiroshima
  Yamaguchi
  Tokushima
  Kagawa
  Ehime
  Kochi
  Fukuoka
  Saga
  Nagasaki
  Kumamoto
  Oita
  Miyazaki
  Kagoshima
  Okinawa
  Korea
  China
  Thailand
  United Kingdom
  Germany
  Switzerland
  France
  Belgium
  Netherlands
  Sweden
  Norway
  United States of America
Note
Originally published: 2019
Includes bibliographical references and index
Description and Table of Contents
Description
Judges often behave in surprising ways when they re-interpret laws and constitutions. Contrary to existing expectations, judges regularly abandon their own established interpretations in favor of new understandings. In Reconstructing Rights, Stephan Stohler offers a new theory of judicial behavior which demonstrates that judges do not act alone. Instead, Stohler shows that judges work in a deliberative fashion with aligned partisans in the elected branches to articulate evolving interpretations of major statutes and constitutions. Reconstructing Rights draws on legislative debates, legal briefs, and hundreds of judicial opinions issued from high courts in India, South Africa, and the United States in the area of discrimination and affirmative action. These materials demonstrate judges' willingness to provide interpretative leadership. But they also demonstrate how judges relinquish their leadership roles when their aligned counterparts disagree. This pattern of behavior indicates that judges do not exercise exclusive authority over constitutional interpretation. Rather, that task is subject to greater democratic influence than is often acknowledged.
Table of Contents
- Part I. Introduction: 1. The politics of legal interpretation
- Part II. United States of America: 2. Equality rights in American education and public spending
- 3. Equality rights in American employment
- 4. Equality rights in American representation
- Part III. India: 5. Equality rights in Indian employment
- 6. Equality rights in Indian education
- Part IV. South Africa: 7. Equality rights in South Africa
- Part V. Conclusion: 8. Conclusion
- Bibliography
- Index.
by "Nielsen BookData"