The Rights Revolution: Lawyers, Activists, and Supreme Courts in Comparative Perspective

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University of Chicago Press, 14 mai 2020 - 342 pagini
It is well known that the scope of individual rights has expanded dramatically in the United States over the last half-century. Less well known is that other countries have experienced "rights revolutions" as well. Charles R. Epp argues that, far from being the fruit of an activist judiciary, the ascendancy of civil rights and liberties has rested on the democratization of access to the courts—the influence of advocacy groups, the establishment of governmental enforcement agencies, the growth of financial and legal resources for ordinary citizens, and the strategic planning of grass roots organizations. In other words, the shift in the rights of individuals is best understood as a "bottom up," rather than a "top down," phenomenon.

The Rights Revolution is the first comprehensive and comparative analysis of the growth of civil rights, examining the high courts of the United States, Britain, Canada, and India within their specific constitutional and cultural contexts. It brilliantly revises our understanding of the relationship between courts and social change.

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Cuprins

1 Introduction
1
Theory
11
Standard Explanations for the Rights Revolution
26
4 The Support Structure and the US Rights Revolution
44
An Ideal Environment for a Rights Revolution?
71
6 Indias Weak Rights Revolution and Its Handicap
90
An Inhospitable Environment for a Rights Revolution?
111
8 Britains Modest Rights Revolution and Its Sources
132
A Great Experiment in Constitutional Engineering
156
10 Canadas Dramatic Rights Revolution and Its Sources
171
Constitutionalism Judicial Power and Rights
197
Selected Constitutional or QuasiConstitutional Rights Provisions for the United States India Britain and Canada
207
Notes
225
Bibliography
281
Index
307
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