The Rights Revolution: Lawyers, Activists, and Supreme Courts in Comparative PerspectiveUniversity of Chicago Press, 15 oct. 1998 - 326 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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Pagina 1
... created a difficult standard for convicting perpetra- tors of police brutality.3 The sheriff was acquitted on retrial under the new standard . The Monroe decision , by contrast , opened the door to civil lawsuits to redress official ...
... created a difficult standard for convicting perpetra- tors of police brutality.3 The sheriff was acquitted on retrial under the new standard . The Monroe decision , by contrast , opened the door to civil lawsuits to redress official ...
Pagina 2
... created or expanded a host of new constitu- tional rights , among them virtually all of the rights now regarded as essential to the Constitution : freedom of speech and the press , rights against discrimination on the basis of race or ...
... created or expanded a host of new constitu- tional rights , among them virtually all of the rights now regarded as essential to the Constitution : freedom of speech and the press , rights against discrimination on the basis of race or ...
Pagina 4
... Creating rights through judicial interpretation , he declares , is " heresy , " and " it is cru- cial to recognize a heresy for what it is and to root it out . " 10 His use of the term " heresy " is deliberate , for the key problem , in ...
... Creating rights through judicial interpretation , he declares , is " heresy , " and " it is cru- cial to recognize a heresy for what it is and to root it out . " 10 His use of the term " heresy " is deliberate , for the key problem , in ...
Pagina 5
... created or reflected a democratization and diversification of the legal profession and the interest - group system . Neither judges nor constitutional guarantees are irrelevant ; judges ultimately decide whether to support rights claims ...
... created or reflected a democratization and diversification of the legal profession and the interest - group system . Neither judges nor constitutional guarantees are irrelevant ; judges ultimately decide whether to support rights claims ...
Pagina 6
... creating new constitutions for other countries — on the assumption that new or re- vised constitutional structures and guarantees will re - form other soci- eties . Under the support - structure explanation proposed here , however ...
... creating new constitutions for other countries — on the assumption that new or re- vised constitutional structures and guarantees will re - form other soci- eties . Under the support - structure explanation proposed here , however ...
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
ACLU administrative American began Bill of Rights Britain British Canada Canadian Supreme Court Charter of Rights civil liberties civil rights constitutional rights created criminal defendants criminal procedure Delhi Dhavan due process early eighties equality European federal Fourteenth Amendment free speech freedom of speech Fundamental Rights funding growing growth guarantees House of Lords Human Rights Ibid increasingly Indian Supreme Court individual rights interview by author issues judges judicial agenda judicial attention judicial review justices Law Lords Law Review lawyers legal aid legal mobilization legal profession legislation liberal liberties and civil limited ment Morton Nonetheless organizational Parliament particular percent political preventive detention prison protection rights agenda rights claims rights consciousness rights litigation rights revolution rights-advocacy organizations ruled seventies sex discrimination significantly solicitors statutes strategic litigation strategy structure for legal support structure Supreme Court's agenda tion tional Toronto University Press Violation women's movement women's-rights women's-rights litigation
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