Towards Juristocracy: The Origins and Consequences of the New Constitutionalism / Edition 1

Towards Juristocracy: The Origins and Consequences of the New Constitutionalism / Edition 1

by Ran Hirschl
     
 

Drawing upon a comprehensive comparative inquiry into the political origins and legal consequences of the recent constitutional revolutions in Canada, Israel, New Zealand, and South Africa, Hirschl shows that the trend toward constitutionalization is hardly driven by politicians' genuine commitment to democracy, social justice, or universal rights. Rather, it is best… See more details below

Overview

Drawing upon a comprehensive comparative inquiry into the political origins and legal consequences of the recent constitutional revolutions in Canada, Israel, New Zealand, and South Africa, Hirschl shows that the trend toward constitutionalization is hardly driven by politicians' genuine commitment to democracy, social justice, or universal rights. Rather, it is best understood as the product of a strategic interplay among hegemonic yet threatened economic and political elites, attempting to insulate policymaking from the vicissitudes of democratic politics.

Product Details

ISBN-13:
9780674012646
Publisher:
Harvard University Press
Publication date:
02/01/2004
Pages:
296
Product dimensions:
6.30(w) x 9.40(h) x 1.00(d)

Meet the Author

Ran Hirschl is Professor of Political Science and Law, University of Toronto, and Canada Research Chair in Constitutionalism and Democracy.

Table of Contents

Introduction1
1Four Constitutional Revolutions17
2The Political Origins of Constitutionalism31
3Hegemonic Preservation in Action50
4Constitutionalization and Judicial Interpretation of Rights100
5Rights and Realities149
6Constitutionalization and the Judicialization of Mega-Politics169
Conclusion: The Road to Juristocracy and the Limits of Constitutionalization211
Notes225
Legal Decisions Cited261
Acknowledgments271
Index273

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