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Towards Juristocracy Ran Hirschl

Towards Juristocracy By Ran Hirschl

Towards Juristocracy by Ran Hirschl


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Summary

Drawing on a comparative inquiry into the political origins and legal consequences of recent constitutional revolutions in Canada, Israel, New Zealand, and South Africa, Hirschl shows that the trend toward constitutionalization is best understood as the product of strategic interplay among hegemonic yet threatened economic and political elites.

Towards Juristocracy Summary

Towards Juristocracy: The Origins and Consequences of the New Constitutionalism by Ran Hirschl

In countries and supranational entities around the globe, constitutional reform has transferred an unprecedented amount of power from representative institutions to judiciaries. The constitutionalization of rights and the establishment of judicial review are widely believed to have benevolent and progressive origins, and significant redistributive, power-diffusing consequences. Ran Hirschl challenges this conventional wisdom. 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 political elites, influential economic stakeholders, and judicial leaders. This self-interested coalition of legal innovators determines the timing, extent, and nature of constitutional reforms. Hirschl demonstrates that whereas judicial empowerment through constitutionalization has a limited impact on advancing progressive notions of distributive justice, it has a transformative effect on political discourse. The global trend toward juristocracy, Hirschl argues, is part of a broader process whereby political and economic elites, while they profess support for democracy and sustained development, attempt to insulate policymaking from the vicissitudes of democratic politics.

Towards Juristocracy Reviews

A truly impressive piece of research, comprehensive in coverage of the relevant scholarship, cogently argued, and elegantly presented. -- Leslie Friedman Goldstein Law and Society Review 20040601 Even if the reader does not agree with Hirschl's final thoughts, his thought-provoking conclusions will inspire questions regarding the role of the judiciary in constitutional democracies and encourage critical reflection regarding the future of judicial review. -- Shannon M. Roesler Comparative Political Studies 20050801 Hirschl suggests that the 'new constitutionalism,' widely hailed as an important step in the protection of human rights, should instead be understood as part of a larger effort by elites to 'insulate policy making' from democratic impulses. Hirschl draws on the experience of constitutional revolutions in Canada, New Zealand, Israel, and South Africa...This is an ambitious and important book. -- J. E. Finn Choice 20041001 Ran Hirschl has written a thought-provoking assessment of the global shift towards judicial empowerment...His conclusions and analysis are bound to elicit praise and criticism from across the spectrum of academic and political thought...Towards Juristocracy is an impressive book that will certainly engender more debate than it resolves. For this, Hirschl should be commended for a work that will certainly shape political science analysis of the courts and constitutionalism for some time. -- Mark Rush Law and Politics Book Review 20040701 It casts issues in a novel light and raises questions that tend to be neglected by more normatively focused or legalistic scholarship. It is well written and documented, and it contains a large number of suggestions for further research. It also opens a fruitful path of dialogue between legal and political science scholars that one hopes will be expanded in the future. -- Carlos Closa International Journal of Contemporary Law

About Ran Hirschl

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

Table of Contents

Introduction 1. Four Constitutional Revolutions 2. The Political Origins of Constitutionalization 3. Hegemonic Preservation in Action 4. Constitutionalization and Judicial Interpretation of Rights 5. Rights and Realities 6. Constitutionalization and the Judicialization of Mega-Politics Conclusion: The Road to Juristocracy and the Limits of Constitutionalization Notes Legal Decisions Cited Acknowledgments Index

Additional information

GOR006903261
9780674025479
0674025474
Towards Juristocracy: The Origins and Consequences of the New Constitutionalism by Ran Hirschl
Used - Very Good
Paperback
Harvard University Press
2007-09-04
296
N/A
Book picture is for illustrative purposes only, actual binding, cover or edition may vary.
This is a used book - there is no escaping the fact it has been read by someone else and it will show signs of wear and previous use. Overall we expect it to be in very good condition, but if you are not entirely satisfied please get in touch with us

Customer Reviews - Towards Juristocracy