Reconstructing Rights: Courts, Parties, and Equality Rights in India, South Africa, and the United States...

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Stephan Stohler (State University of New York, Albany)

Reconstructing Rights

Courts, Parties, and Equality Rights in India, South Africa, and the United States

Stephan Stohler (State University of New York, Albany)

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English

Cambridge University Press
18 July 2019

Comparative politics; Political corruption; Comparative law; Constitutional & administrative law; Judicial review

Series: Comparative Constitutional Law and Policy

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.

By: Stephan Stohler (State University of New York Albany)
Imprint: Cambridge University Press
Country of Publication: United Kingdom
Dimensions: Height: 235mm, Width: 156mm, Spine: 20mm
Weight: 540g
ISBN: 9781108493185
ISBN 10: 1108493181
Series: Comparative Constitutional Law and Policy
Pages: 280
Publication Date: 18 July 2019
Audience: Professional and scholarly , Undergraduate
Format: Hardback
Publisher's Status: Active

Part I. Introduction: 1. The politics of legal interpretation; Part II. United States of America: 2. Equality rights in American education and public spending; 3. Equality rights in American employment; 4. Equality rights in American representation; Part III. India: 5. Equality rights in Indian employment; 6. Equality rights in Indian education; Part IV. South Africa: 7. Equality rights in South Africa; Part V. Conclusion: 8. Conclusion; Bibliography; Index.

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.

Reviews for Reconstructing Rights: Courts, Parties, and Equality Rights in India, South Africa, and the United States

'… Stohler provides a compelling argument for recognizing and understanding constitutional interpretation through the lens of deliberative partnerships. It 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