Reconstructing Rights by Stephan Stohler
Judges often behave in surprising ways when they re-interpret laws and constitutions. Contrary to existing expectations, judges regularly abandon their own established interpretations in favor of new understandings. In Reconstructing Rights, Stephan Stohler offers a new theory of judicial behavior which demonstrates that judges do not act alone. Instead, Stohler shows that judges work in a deliberative fashion with aligned partisans in the elected branches to articulate evolving interpretations of major statutes and constitutions. Reconstructing Rights draws on legislative debates, legal briefs, and hundreds of judicial opinions issued from high courts in India, South Africa, and the United States in the area of discrimination and affirmative action. These materials demonstrate judges' willingness to provide interpretative leadership. But they also demonstrate how judges relinquish their leadership roles when their aligned counterparts disagree. This pattern of behavior indicates that judges do not exercise exclusive authority over constitutional interpretation. Rather, that task is subject to greater democratic influence than is often acknowledged.-
In the Shadow of the Constitution
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Incomplete Constitutions and Coordination in Deeply Divided Societies
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Reputation and Judicial Tactics
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The Failure of Popular Constitution Making in Turkey
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Presidential Legislation in India
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Constitutional Intolerance
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Comparative Constitutional Design
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Redrafting Constitutions in Democratic Regimes
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Consequential Courts
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Constituents Before Assembly
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The DNA of Constitutional Justice in Latin America
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A Qualified Hope
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Constitutional Courts as Mediators
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Constitutional Convergence in East Asia
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Filtering Populist Claims to Fight Populism
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Constitutions, Religion and Politics in Asia
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The Invisible Constitution in Comparative Perspective
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The Politico-Legal Dynamics of Judicial Review
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Constitutionalism in Asia in the Early Twenty-First Century
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Unstable Constitutionalism
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The New Fourth Branch
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The Adventures of the Constituent Power
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Constituent Assemblies
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Judicial Review in Norway
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Engaging with Social Rights
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Constitutions in Times of Financial Crisis
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Constitutional Courts in Asia
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Proportionality
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Assessing Constitutional Performance
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The Veil of Participation
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Hybrid Constitutionalism
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Social and Political Foundations of Constitutions
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Perils of Judicial Self-Government in Transitional Societies
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Constitutions and Religious Freedom
' Stohler provides a compelling argument for recognizing and understanding constitutional interpretation through the lens of deliberative partnershipsIt is well-researched and well-written with a rich body of evidence that I strongly recommend for scholars and students in political science and law, particularly those concerned with questions of interbranch relationships, constitutional interpretation, and comparative studies.' Allyson C. Yankle, Law and Politics Book Review
Stephan Stohler is an Assistant Professor at State University of New York, Albany. His research and teaching interests are in the areas of public law and comparative politics, with a particular focus on the politics of constitutional interpretation.
| SKU | Unavailable |
| ISBN 13 | 9781108717427 |
| ISBN 10 | 110871742X |
| Title | Reconstructing Rights |
| Author | Stephan Stohler |
| Series | Comparative Constitutional Law And Policy |
| Condition | Unavailable |
| Binding Type | Paperback |
| Publisher | Cambridge University Press |
| Year published | 2022-06-30 |
| Number of pages | 284 |
| Cover note | Book picture is for illustrative purposes only, actual binding, cover or edition may vary. |
| Note | Unavailable |