The Rights Revolution: Lawyers, Activists, and Supreme Courts in Comparative PerspectiveIt 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 |
281 | |
307 | |
Alte ediții - Afișează-le pe toate
The Rights Revolution: Lawyers, Activists, and Supreme Courts in Comparative ... Charles R. Epp Previzualizare limitată - 2020 |
The Rights Revolution: Lawyers, Activists, and Supreme Courts in Comparative ... Charles R. Epp Previzualizare limitată - 1998 |
The Rights Revolution: Lawyers, Activists, and Supreme Courts in Comparative ... Charles R. Epp Previzualizare limitată - 1998 |
Termeni și expresii frecvente
action activism administrative agenda Amendment American appeals attention authority began Bill of Rights Britain British Canada Canadian changes Charter civil liberties civil rights claims common constitutional countries Court's agenda created criminal procedure decided decisions defendants direct discrimination discussion early effect efforts eighties Emergency equality European evidence explanation federal Figure formed foundation freedom Fundamental funding groups growing growth guarantees House of Lords important increased Indian individual rights influence instance institutions interest issues judges judicial justices late lawyers leading legal aid legal profession legislation liberal limited litigation London majority ment mobilization movement Nonetheless observed officials organizations particular parties percent period person political practice prison protection recent relatively remained result Review rights revolution rights-advocacy role ruled seventies significant sixties social society sources speech strategy support structure Supreme Court tion United women's rights
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