Reconstructing Rights: Courts, Parties, and Equality Rights in India, South Afri

Description: Reconstructing Rights by Stephan Stohler Reconstructing Rights will appeal to several audiences because of its deliberative-partnership thesis, including public law scholars for its social-scientific approach to the study of legal doctrine; legal scholars because it challenges broadly held commitments to judicial supremacy; and area-specialists for its cross-national investigation of equality rights. FORMAT Hardcover LANGUAGE English CONDITION Brand New Publisher 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. Author Biography Stephan Stohler is an Assistant Professor at State University of New York, Albany. His research and teaching interests are in the areas of public law and comparative politics, with a particular focus on the politics of constitutional interpretation. 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. Review … Stohler provides a compelling argument for recognizing and understanding constitutional interpretation through the lens of deliberative partnerships. It is well-researched and well-written with a rich body of evidence that I strongly recommend for scholars and students in political science and law, particularly those concerned with questions of interbranch relationships, constitutional interpretation, and comparative studies. Allyson C. Yankle, Law and Politics Book Review Promotional Shows how judges work in a deliberative fashion with aligned political parties to re-interpret legal and constitutional text. Review Quote ... Stohler provides a compelling argument for recognizing and understanding constitutional interpretation through the lens of deliberative partnerships. It is well-researched and well-written with a rich body of evidence that I strongly recommend for scholars and students in political science and law, particularly those concerned with questions of interbranch relationships, constitutional interpretation, and comparative studies. Allyson C. Yankle, Law and Politics Book Review Promotional "Headline" Shows how judges work in a deliberative fashion with aligned political parties to re-interpret legal and constitutional text. Description for Bookstore Reconstructing Rights will appeal to several audiences because of its deliberative-partnership thesis, including public law scholars for its social-scientific approach to the study of legal doctrine; legal scholars because it challenges broadly held commitments to judicial supremacy; and area-specialists for its cross-national investigation of equality rights. Description for Library Reconstructing Rights will appeal to several audiences because of its deliberative-partnership thesis, including public law scholars for its social-scientific approach to the study of legal doctrine; legal scholars because it challenges broadly held commitments to judicial supremacy; and area-specialists for its cross-national investigation of equality rights. Details ISBN1108493181 Author Stephan Stohler Publisher Cambridge University Press Year 2019 ISBN-10 1108493181 ISBN-13 9781108493185 Format Hardcover Imprint Cambridge University Press Place of Publication Cambridge Country of Publication United Kingdom Illustrations Worked examples or Exercises; 21 Tables, black and white; 2 Line drawings, black and white Affiliation State University of New York, Albany DEWEY 342.085 Publication Date 2019-07-18 Pages 280 Series Comparative Constitutional Law and Policy Subtitle Courts, Parties, and Equality Rights in India, South Africa, and the United States Short Title Reconstructing Rights Language English UK Release Date 2019-07-18 AU Release Date 2019-07-18 NZ Release Date 2019-07-18 Alternative 9781108694704 Audience Professional & Vocational We've got this At The Nile, if you're looking for it, we've got it. 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