Why comparative constitutional law? -- Alternative forms of judicial review -- The possible instability of weak-form review and its implications -- Why and how to evaluate consitutional performance -- Constitutional decision making outside the courts -- The state action doctrine and social and economic rights -- Structures of judicial review, horizontal effect, and social welfare rights -- Enforcing social and economic rights.
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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 stro.
MIL
JSTOR
208695
22573/cttzkx6
Weak courts, strong rights.
0691130922
Judicial review and social welfare rights in comparative constitutional law
Judicial review-- United States.
Judicial review.
Social rights-- United States.
Social rights.
Judicial review.
LAW-- Civil Procedure.
LAW-- Legal Services.
POLITICAL SCIENCE-- American Government-- General.