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

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University of Chicago Press, 15 oct. 1998 - 326 pagini
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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

The Conditions for the Rights Revolution Theory
11
The United States Standard Explanations for the Rights Revolution
26
The Support Structure and the US Rights Revolution
44
India An Ideal Environment for a Rights Revolution?
71
Indias Weak Rights Revolution and Its Handicap
90
Britain An Inhospitable Environment for a Rights Revolution?
111
Britains Modest Rights Revolution and Its Sources
132
Canada A Great Experiment in Constitutional Engineering
156
Canadas Dramatic Rights Revolution and Its Sources
171
Conclusion 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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Despre autor (1998)

Charles R. Epp is University Distinguished Professor in the School of Public Affairs & Administration at the University of Kansas. He is the author of The Rights Revolution: Lawyers, Activists, and Supreme Courts in Comparative Perspective; Making Rights Real: Activists, Bureaucrats, and the Creation of the Legalistic State; and is the co-author of Pulled Over: How Police Stops Define Race and Citizenship, all published by the University of Chicago Press.

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