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

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Weak Courts Strong Rights Judicial Review and Social Welfare Rights in Comparative Constitutional Law by Mark Tushnet pdf download

Weak Courts Strong Rights Judicial Review and Social Welfare Rights in Comparative Constitutional Law by Mark Tushnet pdf download. This book brings together two of the important intellectual or theoretical issues of concern to students of comparative constitutional law as it has developed in the United States over the past decade. First, what is the proper role of courts in constitutional systems that generally comply with rule-of-law requirements? Second, what substantive rights do, should, or can constitutions guarantee? Should they protect second-generation social and economic rights and third-generation cultural and environmental rights, and if so, how, and in what venues? I argue that the comparative study of constitutions brings out underappreciated connections between the answers to these two questions.

Weak Courts Strong Rights Judicial Review and Social Welfare Rights in Comparative Constitutional Law by Mark Tushnet pdf download

The reason is that the “new Commonwealth model” of judicial review offers an important alternative to the form of judicial review familiar in the United States.* In that new model, courts assess legislation against constitutional norms, but do not have the final word on whether statutes comply with those norms. In some versions, the courts are directed to interpret legislation to make it consistent with constitutional norms if doing so is fairly possible according to (previously) accepted standards of statutory interpretation.

Weak Courts Strong Rights Judicial Review and Social Welfare Rights in Comparative Constitutional Law by Mark Tushnet pdf download

In other versions, the courts gain the additional power to declare statutes inconsistent with constitutional norms, but not to enforce such judgments coercively against a losing party. In still others, the courts can enforce the judgment coercively, but the legislature may respond by reinstating the original legislation by some means other than a cumbersome amendment process. I call the new model of judicial review weak-form judicial review, in contrast with the strong form of judicial review in the United States.

Weak Courts Strong Rights Judicial Review and Social Welfare Rights in Comparative Constitutional Law by Mark Tushnet pdf download

Weak Courts Strong Rights Judicial Review and Social Welfare Rights in Comparative Constitutional Law by Mark Tushnet pdf download

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