Reconstructing Rights

Courts, Parties, and Equality Rights in India, South Africa, and the United States

By:

Stephan Stohler

Format:

Hardback

Series:

Comparative Constitutional Law and Policy

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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.

Release date NZ

July 18th, 2019

Author

Stephan Stohler

Series

Comparative Constitutional Law and Policy

Pages

280

Audience

Professional & Vocational

Illustrations

Worked examples or Exercises; 21 Tables, black and white; 2 Line drawings, black and white

Dimensions

156x235x20

ISBN-13

9781108493185

Product ID

30343384

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