Reconstructing Rights: Courts, Parties, and Equality Rights in India, South Africa, and the United States (Comparative Constitutional Law and Policy) - Softcover

Stohler, Stephan

Softcover

ISBN 10: 110871742X ISBN 13: 9781108717427

Publisher: Cambridge University Press, 2022

Synopsis

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.

About this title

About the Author

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.

Edition details

• Publisher: Cambridge University Press
• Publication date: 2022
• Language: English
• ISBN 10: 110871742X
• ISBN 13: 9781108717427
• Binding: Paperback
• Number of pages: 286