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
... rights statute , but the federal district court and the court of appeals rejected their right to sue in federal court ... individual rights against official abuses of power.2 Only a few years earlier , for instance , in Screws v . United ...
... rights statute , but the federal district court and the court of appeals rejected their right to sue in federal court ... individual rights against official abuses of power.2 Only a few years earlier , for instance , in Screws v . United ...
Pagina 2
... individual rights claims in a sustained way . As late as the mid - thirties , less than 10 percent of the Court's decisions involved individual rights other than property rights ; the Court in- stead devoted its attention to business ...
... individual rights claims in a sustained way . As late as the mid - thirties , less than 10 percent of the Court's decisions involved individual rights other than property rights ; the Court in- stead devoted its attention to business ...
Pagina 3
... rights claims of ordinary individuals . The rights revolution grew out of the growing capacity of individual rights advocates to pursue the forms of constitutional litigation perfected by organized businesses , but for very different ...
... rights claims of ordinary individuals . The rights revolution grew out of the growing capacity of individual rights advocates to pursue the forms of constitutional litigation perfected by organized businesses , but for very different ...
Pagina 4
... individual rights , and ( 2 ) how best to protect individual rights in modern society . Many people perceive a deep tension between rights and majoritarian democracy and believe that , if we wish to " guard the guardians " ( the police ...
... individual rights , and ( 2 ) how best to protect individual rights in modern society . Many people perceive a deep tension between rights and majoritarian democracy and believe that , if we wish to " guard the guardians " ( the police ...
Pagina 6
... rights guarantees , and growing popular support for individual rights coincided at the time of the rights revolution , and so commentators attempting to inter- pret or explain the rights revolution commonly looked no further than those ...
... rights guarantees , and growing popular support for individual rights coincided at the time of the rights revolution , and so commentators attempting to inter- pret or explain the rights revolution commonly looked no further than those ...
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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