eTextbook: Weak Courts, Strong Rights
Author(s): Tushnet, Mark
ISBN 10: 069114320X. See all ISBN's
ISBN 13: 9780691143200
Publisher: Princeton University Press
This is an eTextbook Learn More
Unlike many other countries, the United States has few constitutional guarantees of social welfare rights such as income, housing, or healthcare. In part this is because many Americans believe that the courts cannot possibly enforce such guarantees. However, recent innovations in constitutional design in other countries suggest that such rights can be judicially enforced--not by increasing the power of the courts but by decreasing it. In Weak Courts, Strong Rights, Mark Tushnet uses a comparative legal perspective to show how creating weaker forms of judicial review may actually allow for stronger social welfare rights under American constitutional law.
Under "strong-form" judicial review, as in the United States, judicial interpretations of the constitution are binding on other branches of government. In contrast, "weak-form" review allows the legislature and executive to reject constitutional rulings by the judiciary--as long as they do so publicly. Tushnet describes how weak-form review works in Great Britain and Canada and discusses the extent to which legislatures can be expected to enforce constitutional norms on their own. With that background, he turns to social welfare rights, explaining the connection between the "state action" or "horizontal effect" doctrine and the enforcement of social welfare rights. Tushnet then draws together the analysis of weak-form review and that of social welfare rights, explaining how weak-form review could be used to enforce those rights. He demonstrates that there is a clear judicial path--not an insurmountable judicial hurdle--to better enforcement of constitutional social welfare rights.
All ISBN's for this title:
ISBN 10: 069114320X, ISBN 13: 9780691143200, eISBN 10: 1400828155, eISBN 13: 97814008281591. List price can refer to either the digital or print list price, whichever is available to Kno.
Kno offers a 15-day, no questions asked, money back guarantee for all books you buy or rent through the Kno Bookstore. You are eligible for a full refund so long as you do not exceed the chapter limitation notification that appears in the textbook within a 15-day period.
Kno has the largest collection of digital textbooks on the market today. However, publishers do not have rights to make some of their textbooks available in a digital form. But that is changing over time and Kno is working with our publisher partners to make as many titles available digitally as possible.
An eTextbook is the digital version of a physical textbook.
All eTextbooks provided by Kno.com maintain the exact same page numbers and content as their physical versions.
Well, this is embarrassing.
Your transaction was not completed, please try again.
Sorry, there was a problem and your transaction was not processed completely. Please do not try to purchase this book again.
Instead contact Kno Customer Service at 1.877.935.6648 or by email at firstname.lastname@example.org and provide them with the following message number "1201" and they will resolve the issue.
Oops, looks like you already own this book.
Please check your course manager and review your purchased titles.
Hmmm, that's strange.
It appears that this title is not in our catalog after all.
The transaction did not complete because your credit card was declined. Possible reasons include:
- Your bank or credit card company is having technical issues
- The credit card has expired
- The credit card does not have sufficient funds
Our credit card processing service does not specify the cause, so we recommend calling your credit card provider for details.
In a recent customer survey 54% of students using Kno got an A in their class. Kno has over 70 features that will improve your grades, save you time and help you get smarter!
Here's Just a Taste of What Kno Offers
organizes all your textbooks, PDFs and content in one spot.
instantly converts terms from your textbook into beautifully designed and smart flash cards.
any text on a page.
turns any diagram in a book into a multiple choice quiz.
maps instructional videos, images, and photos to formulas & concepts in your book.