Reconstructing rights : courts, parties, and equality rights in India, South Africa, and the United States /

Reconstructing rights : courts, parties, and equality rights in India, South Africa, and the United States /

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Bibliographic Details
Author / Creator:	Stohler, Stephan, 1977- author.
Imprint:	Cambridge : Cambridge University Press, 2019.
Description:	1 online resource (xviii, 264 pages)
Language:	No linguistic content
Series:	Comparative constitutional law and policy Comparative constitutional law and policy.
Subject:	Equality before the law -- United States. Equality before the law -- India. Equality before the law -- South Africa. Equality before the law -- Political aspects. Equality before the law. India. South Africa. United States. Electronic books.
Format:	E-Resource Book
URL for this record:	http://pi.lib.uchicago.edu/1001/cat/bib/12576692

Hidden Bibliographic Details
ISBN:	9781108694704 1108694705 9781108493185 9781108717427
Notes:	Vendor-supplied metadata.
Summary:	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.
Other form:	Print version: 9781108493185

Table of Contents:

The politics of legal interpretation
Equality rights in American education & public spending
Equality rights in American employment
Equality rights in American representation
Equality rights in Indian employment
Equality rights in Indian education
Equality rights in South Africa.