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Weak Courts, Strong Rights : Judicial Review and Social Welfare Rights in Comparative Constitutional Law by Mark V Tushnet is a book available to read on EtoBox.

What is Weak Courts, Strong Rights : Judicial Review and Social Welfare Rights in Comparative Constitutional Law about?

"Unlike many other countries, the United States has few constitutional guarantees of social welfare rights such as income, housing, or healthcare. In part this is because many Americans believe that the courts cannot possibly enforce such guarantees. However, recent innovations in constitutional design in other countries suggest that such rights can be judicially enforced-not by increasing the power of the courts but by decreasing it. In Weak Courts, Strong Rights, Mark Tushnet uses a comparative legal perspective to show how creating weaker forms of judicial review may actually allow for stronger social welfare rights under American constitutional law. Under "strong-form" judicial review, as in the United States, judicial interpretations of the constitution are binding on other branches of government. In contrast, "weak-form" review allows the legislature and executive to reject constitutional rulings by the judiciary--as long as they do so publicly. Tushnet describes how weak-form review works in Great Britain and Canada and discusses the extent to which legislatures can be expected to enforce constitutional norms on their own. With that background, he turns to social welfare rig

Author

Mark V Tushnet

Publisher

Princeton, N.J. ; Woodstock: Princeton University Press

Published

2008

Language

EN

ISBN

9780691143200

Subjects

Political Science, Law

Updated

2026-03-24