Towards Juristocracy: The Origins and Consequences of the New Constitutionalism
| Author | : | |
| Rating | : | 4.82 (726 Votes) |
| Asin | : | 0674025474 |
| Format Type | : | paperback |
| Number of Pages | : | 296 Pages |
| Publish Date | : | 2014-12-19 |
| Language | : | English |
DESCRIPTION:
His rich comparative treatments of the judicialization of politics in Canada, Israel, New Zealand, and South Africa is informed by an masterful grasp of the historical and theoretical literature on the US. Courts protect powerful economic and social interests by taking controversial issues out of politics and off the table, thus moving democracies toward unaccountable juristocracy. This is a book that moves freely and comfortably between political theory and social science, and it will attract wide attention. (Mark Tushnet, Georgetown University Law Center)One of the most momentous global transformations of the last 30 years has been the spread of political systems in which courts exercise
Time for constitutionalism Arnold In Towards Juristocracy: The Origins and Consequences of the New Constitutionalism, Hirscl tries to explain not just why countries adopt judicial review, but also when. This is important, because a sufficient theory about the adoption of judicial review must account for the timing. As such, he selects three countries (Canada, New Zealand, and Israel) that did not undergo an obvious political revo. Review for Towards Juristocracy by Ran Hirschl M. Svajda Had to read this book for a class I'm taking.I'm a political science major and I can honestly say this is one of the more interesting books I have been required to read. The author's format makes it easy to understand also.Overall good book.
In countries and supranational entities around the globe, constitutional reform has transferred an unprecedented amount of power from representative institutions to judiciaries. This self-interested coalition of legal innovators determines the timing, extent, and nature of constitutional reforms. Hirschl demonstrates that whereas judicial empowerment through constitutionalization has a limited impact on advancing progressive notions of distributive justice, it has a transformative effect on political discourse. Ran Hirschl challenges this conventional wisdom. Drawing upon a comprehensive comparative inquiry into the political origins and legal consequences of the recent constitutional revolutions in Canada, Israel, New Zealand, and South Africa, Hirschl shows that the trend toward constitutionalization is hardly driven by politicians' genuine commitment to democracy, social justice, or universal rights. The constitutionalization of rights and the establishment of judicial review are widely believed to have benevolent and progressive origins, and significant redistributive, power-diffusing consequences. Rather, it is best understood as the product of a st
. Ran Hirschl is Professor of Political Science and Law, University of Toronto, and Canada Research Chair in Constitutionalism and Democracy