Towards Juristocracy

Ran Hirschl challenges this conventional wisdom.

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Author: Ran Hirschl

Publisher: Harvard University Press

ISBN: 0674038673

Category: Law

Page: 294

View: 446

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.

Comparative Matters

In this path-breaking book, Ran Hirschl addresses this gap by charting the intellectual history and analytical underpinnings of comparative constitutional inquiry, probing the various types, aims, and methodologies of engagement with the ...

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Author: Ran Hirschl

Publisher: OUP Oxford

ISBN: 9780191023880

Category: Law

Page: 304

View: 305

Comparative study has emerged as the new frontier of constitutional law scholarship as well as an important aspect of constitutional adjudication. Increasingly, jurists, scholars, and constitution drafters worldwide are accepting that 'we are all comparativists now'. And yet, despite this tremendous renaissance, the 'comparative' aspect of the enterprise, as a method and a project, remains under-theorized and blurry. Fundamental questions concerning the very meaning and purpose of comparative constitutional inquiry, and how it is to be undertaken, are seldom asked, let alone answered. In this path-breaking book, Ran Hirschl addresses this gap by charting the intellectual history and analytical underpinnings of comparative constitutional inquiry, probing the various types, aims, and methodologies of engagement with the constitutive laws of others through the ages, and exploring how and why comparative constitutional inquiry has been and ought to be pursued by academics and jurists worldwide. Through an extensive exploration of comparative constitutional endeavours past and present, near and far, Hirschl shows how attitudes towards engagement with the constitutive laws of others reflect tensions between particularism and universalism as well as competing visions of who 'we' are as a political community. Drawing on insights from social theory, religion, history, political science, and public law, Hirschl argues for an interdisciplinary approach to comparative constitutionalism that is methodologically and substantively preferable to merely doctrinal accounts. The future of comparative constitutional studies, he contends, lies in relaxing the sharp divide between constitutional law and the social sciences. Comparative Matters makes a unique and welcome contribution to the comparative study of constitutions and constitutionalism, sharpening our understanding of the historical development, political parameters, epistemology, and methodologies of one of the most intellectually vibrant areas in contemporary legal scholarship.

The Constitution of Social Democracy

2 R Hirschl, Towards Juristocracy. The Origins and Consequences of the New Constitutionalism (Cambridge, Mass., Harvard University Press, 2004).

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Author: Alan Bogg

Publisher: Bloomsbury Publishing

ISBN: 9781509916597

Category: Political Science

Page: 416

View: 119

This book is based upon the papers written by a group of leading international scholars on the 'constitution of social democracy', delivered at a conference to celebrate Professor Keith Ewing's scholarly legacy in labour law, constitutional law, human rights and the law of democracy. The chapters explore the development of social democracy and democratic socialism in theory and political practice from a variety of comparative, legal, and disciplinary perspectives. These developments have occurred against a backdrop of fragmenting 'traditional' political parties, declining collective bargaining, concerns about 'juristocracy' and the displacement of popular sovereignty, the emergence of populist political movements, austerity, and fundamental questions about the future of the European project. With this context in mind, this collection considers whether legal norms can and should contribute to the constitution of social democracy. It could not be more timely in addressing these fundamental constitutional questions at the intersection of law, democracy, and political economy.

Sociological Abstracts

... Towards Juristocracy : The Origins and Consequences of the New munity
excludes . Arguing that this idea is inseparable from the law of Constitutionalism (
Cambridge , MA : Harvard U Press , 2004 ) . 23 Refercommunity , the
jurisprudence ...

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Author:

Publisher:

ISBN: STANFORD:36105122361095

Category: Sociology

Page:

View: 324

CSA Sociological Abstracts abstracts and indexes the international literature in sociology and related disciplines in the social and behavioral sciences. The database provides abstracts of journal articles and citations to book reviews drawn from over 1,800+ serials publications, and also provides abstracts of books, book chapters, dissertations, and conference papers.

AGIS

of juristocracy in which the judges of the highest court have the final say on
controversial issues of morality and social policy - opposition to this slide towards
juristocracy or legal constitutionalism . Hosking v Runting ( 2005 ) 1 NZLR 1 New
 ...

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Author:

Publisher:

ISBN: OSU:32437122332485

Category: Law

Page:

View: 187

The Supreme Court and the Idea of Constitutionalism

Hirschl, Towards Juristocracy, 8; Sweet, Governing with Judges, 31; Guarneri and Pederzoli, The Power of Judges, 136. 12. For an early examination of these, ...

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Author: Steven Kautz

Publisher: University of Pennsylvania Press

ISBN: 081220607X

Category: Law

Page: 328

View: 238

From Brown v. Board of Education to Roe v. Wade to Bush v. Gore, the Supreme Court has, over the past fifty years, assumed an increasingly controversial place in American national political life. As the recurring struggles over nominations to the Court illustrate, few questions today divide our political community more profoundly than those concerning the Court's proper role as protector of liberties and guardian of the Constitution. If the nation is today in the midst of a "culture war," the contest over the Supreme Court is certainly one of its principal battlefields. In this volume, distinguished constitutional scholars aim to move debate beyond the sound bites that divide the opposing parties to more fundamental discussions about the nature of constitutionalism. Toward this end, the volume includes chapters on the philosophical and historical origins of the idea of constitutionalism; on theories of constitutionalism in American history in particular; on the practices of constitutionalism around the globe; and on the parallel emergence of—and the persistent tensions between—constitutionalism and democracy throughout the modern world. In democracies, the primary point of having a constitution is to place some matters beyond politics and partisan contest. And yet it seems equally clear that constitutionalism of this kind results in a struggle over the meaning or proper interpretation of the constitution, a struggle that is itself deeply political. Although the volume represents a variety of viewpoints and approaches, this struggle, which is the central paradox of constitutionalism, is the ultimate theme of all the essays.

A New Introduction to American Constitutionalism

Ran Hirschl, Towards Juristocracy: The Origins and Consequences of the New Constitutionalism (Harvard University Press: Cambridge, MA, 2004), p. 74.

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Author: Mark A. Graber

Publisher: Oxford University Press

ISBN: 9780190245238

Category: Law

Page: 292

View: 507

A New Introduction to American Constitutionalism is the first text to study the entirety of American constitutionalism, not just the traces that appear in Supreme Court decisions. Mark A. Graber both explores and offers original answers to such central questions as: What is a Constitution, ? What are fundamental constitutional purposes? How are constitutions interpreted? How is constitutional authority allocated? How to constitutions change? How is the Constitution of the United States influenced by international and comparative law? and, most important, How does the Constitution work? Relying on an historical/institutional perspective, the book illustrates how American constitutionalism is a distinct form of politics, rather than a means from separating politics from law. Constitutions work far more by constructing and constituting politics than by compelling people to do what they would otherwise do. People debate the proper meaning of the first amendment, but these debates are influenced by the rule that all states are equally represented in the Senate and a political culture that in which political dissenters do not fear for their lives. More than any other work on the market, A New Introduction to American Constitutionalism highlights and expands on what a generation for law professors, political scientists and historians have said about the American constitutionalism regime. As such, this is the first truly interdisciplinary study of constitutional politics in the United States.

The George Washington International Law Review

... TOWARDS JURISTOCRACY : THE ORIGINS AND CONSEQUENCES OF THE
New CONSTITUTIONALISM 1 ( 2004 ) ( “ Over the past few years the world has
witnessed an astonishingly rapid transition to what may be called juristocracy .

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Author:

Publisher:

ISBN: UCSD:31822033978826

Category: International economic relations

Page:

View: 807

Constitutional Jurisprudence

See Hirschl, Towards Juristocracy: The Origins and Consequences of the New Constitutionalism, 2004, pp. 146 ff., 154 ff., and 164 ff.

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Author: Henning Glaser

Publisher: Nomos Verlag

ISBN: 9783845247373

Category: Law

Page: 346

View: 304

After the Continental-European type of specialized constitutional courts has globally largely prevailed over the past two decades (at least beyond the Anglo-Saxon world), constitutional courts increasingly decided questions with far-reaching political consequences in various political settings. In this respect, a general tendency towards the judicialization of politics is embodied particularly clearly in the institution of constitutional courts. Correspondingly, role and performance of constitutional courts are increasingly challenged in political debate in a range of political settings and became one of the most interesting topics in recent academic discourses on constitutional theory. Despite their common roots in a few models these courts vary widely in their role within the constitutional system, their functions and their effective performance. Against this background the contributions collected in this volume address – among others – questions such as the constitutionalization of the legal system and the increasing politicalization of constitutional courts. The contributions refer to the constitutional systems of Cambodia, Croatia, Germany Indonesia, Japan, Pakistan, Poland, Spain, South Korea, Thailand and Vietnam. Practice-oriented perspectives are provided by the contributions of incumbent or former constitutional court justices among the authors (from Cambodia, Croatia, and Poland). Contributors: Slavica Banic (Richterin, Verfassungsgericht, Kroatien), Byung-Song Cho (Öffentliches Recht, Cheongju Univ., Südkorea), Jong-ik Chon (Öffentliches Recht, Seoul National Univ., Südkorea), Ingwer Ebsen (Öffentliches Recht, Univ. Frankfurt a.M., Deutschland), Robert Esser (Deutsches, Europäisches und Internationales Strafrecht, Univ. Passau, Deutschland), Yasuo Hasebe (Öffentliches Recht, Tokyo Univ., Japan), Matthias Jestaedt (Öffentliches Recht, Univ. Freiburg, Deutschland), Bartosz Makowicz (Öffentliches Recht, Europa Univ.

Constitutional Rights in Two Worlds

Ran Hirschl's book Towards juristocracy, which examines the courts of several countries, including South Africa, argues that “hegemonic elites” have ...

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Author: Mark S. Kende

Publisher: Cambridge University Press

ISBN: 9780521879040

Category: History

Page: 321

View: 591

This book examines the South African Constitutional Court to determine how it has functioned during the nation's transition.

Justice Judocracy and Democracy in India

V. R. Krishna Iyer has used the term 'judgocracy'.2 Ran Hirschl used the term 'juristocracy' in his thought-provoking book Towards Juristocracy: The Origins ...

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Author: Sudhanshu Ranjan

Publisher: Routledge

ISBN: 9781317809784

Category: Law

Page: 378

View: 468

This book offers an innovative approach to studying ‘judicial activism’ in the Indian context in tracing its history and relevance since 1773. While discussing the varying roles of the judiciary, it delineates the boundaries of different organs of the State — judiciary, executive and legislature — and highlights the points where these boundaries have been breached, especially through judicial interventions in parliamentary affairs and their role in governance and policy. Including a fascinating range of sources such as legal cases, books, newspapers, periodicals, lectures, historical texts and records, the author presents the complex sides of the arguments persuasively, and contributes to new ways of understanding the functioning of the judiciary in India. This paperback edition, with a new Afterword, updates the debates around the raging questions facing the Indian judiciary. It will be of great interest to students and scholars of law, political science and history, as well as legal practitioners and the general reader.

Illiberal Constitutionalism in Poland and Hungary

78 R Hirschl, Towards Juristocracy: The Origins and Consequences of the New Constitutionalism (Harvard University Press, 2004).

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Author: Tímea Drinóczi

Publisher: Routledge

ISBN: 9781000428766

Category: Law

Page: 236

View: 873

This book theorizes illiberal constitutionalism by interrogation of the Rule of Law, democratic deterioration, and the misuse of the language and relativization of human rights protection, and its widespread emotional and value-oriented effect on the population. The work consists of seven Parts. Part I outlines the volume’s ambitions and provides an introduction. Part II discusses the theoretical framework and clarifies the terminology adopted in the book. Part III provides an in-depth insight into the constitutional identity of Poles and Hungarians and argues that an unbalanced constitutional identity has been moulded throughout Polish and Hungarian history in which emotional traits of collective victimhood and collective narcissism, and a longing for a charismatic leader have been evident. Part IV focuses on the emergence of illiberal constitutionalism, and, based on both quantitative and qualitative analyses, argues that illiberal constitutionalism is neither modern authoritarianism nor authoritarian constitutionalism. This Part contextualizes the issue by putting the deterioration of the Rule of Law into a European perspective. Part V explores the legal nature of illiberal legality when it is at odds and in compliance with the European Rule of Law, illiberal democracy, focusing on electoral democracy and legislative processes, and illiberalization of human rights. Part VI investigates whether there is a clear pattern in the methods of remodeling, or distancing from constitutional democracy, how it started, consolidated, and how its results are maintained. The final Part presents the author’s conclusions and looks to the future. The book will be an invaluable resource for scholars, academics and policy-makers interested in Constitutional Law and Politics.

Internationale Dilemmata und europ ische Visionen

25 C.f. Hirschl, Ran, Towards Juristocracy: The Origin and Consequences of the New Constitutionalism, Cambridge Mass: Harvard University Press 2007.

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Author: Martin Sieg

Publisher: LIT Verlag Münster

ISBN: 9783643104816

Category: Europe

Page: 502

View: 347

American Constitutional Interpretation

Towards Juristocracy : The Origins and Consequences of the New
Constitutionalism ( Cambridge : Harvard University Press , 2004 ) . Hirschman ,
Albert O . The Passions and the Interests : Political Arguments for Capitalism
before Its Triumph ...

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Author: Walter F. Murphy

Publisher:

ISBN: STANFORD:36105064230282

Category: Law

Page: 1749

View: 148

This undergaduate text uses original essays, cases and materials to study the very enterprise by which a constitution is interpreted and a constitutional government created. It explores the American polity as both a constitutional and democratic entity. This volume is organized around a set of basic interrogatives: What is the constitution that is to be interpreted? Who are its authoritative interpreters? How do they go about their interpretive tasks?

Power and Democracy

Towards Juristocracy : A Comparative Inquiry into the Origins and Consequences
of the New Constitutionalism . Unpublished PhD thesis . Department of Political
Science , Yale University . Hirschl , Ran . 2000 . The Political Origins of Judicial ...

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Author: Fredrik Engelstad

Publisher: Ashgate Pub Limited

ISBN: UOM:39015059156573

Category: Social Science

Page: 248

View: 867

This volume brings together leading international scholars to explore the relationship between power and democracy. The analyses incorporate key contemporary themes, including globalization, modernity, technology, gender relations and social capital.

Constitutional Theory

L . 281 ( 2002 ) RAN HIRSCHL , TOWARDS JURISTOCRACY : THE ORIGINS
AND CONSEQUENCES OF THE NEW CONSTITUTIONALISM ( 2004 ) LARRY D
. KRAMER , THE PEOPLE THEMSELVES : POPULAR CONSTITUTIONALISM ...

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Author: Michael J. Gerhardt

Publisher: Lexis Nexis Matthew Bender

ISBN: STANFORD:36105064263374

Category: Law

Page: 731

View: 762

Symposium

RAN HIRSCHL , TOWARDS JURISTOCRACY 39 ( 2004 ) ( noting how politicians
in many different countries profit “ from an expansion of judicial power ” ) . * - See
STEVEN TELES , THE RISE OF THE CONSERVATIVE LEGAL MOVEMENT 6 ...

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Author:

Publisher:

ISBN: STANFORD:36105063784941

Category: Constitutional law

Page: 606

View: 284

Research Handbook on International Courts and Tribunals

12 The democratic deficit of an 'international juristocracy' is one of the charges often made against the move towards the judicialization of international ...

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Author: William A. Schabas

Publisher: Edward Elgar Publishing

ISBN: 9781781005026

Category:

Page: 576

View: 919

This collection takes a thematic and interpretive, system-wide and inter-jurisdictional comparative approach to the debates and controversies related to the growth of international courts and tribunals. By providing a synthetic overview and critical analysis of these developments from a variety of perspectives, it both contextualizes and stimulates future research and practice in this rapidly developing field.

International Courts and Domestic Politics

Toward a Theory of Effective Transnational Adjudication. Yale Law Journal, 107, 273–392. Hirschl, R. (2004). Towards Juristocracy, Cambridge, MA: Harvard ...

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Author: Marlene Wind

Publisher: Cambridge University Press

ISBN: 9781108661973

Category: Law

Page:

View: 761

International law in national courts, and among politicians and citizens, does not always have the desired effect at the domestic level. This volume is a genuinely interdisciplinary analysis of international law and courts, examining a wide range of courts and judicial bodies, including human rights treaty bodies, and their impact and shortcomings. By employing social science methodology combined with classical case studies, leading lawyers and political scientists move the study of courts within international law to an entirely new level. The essays question the view that legal docmatics will be enough to understand the increasingly complex world we are living in and demonstrate the potential benefits of adopting a much broader outlook drawing on empirical legal research. This volume will have great appeal to anyone interested in the effects - rather than just the processes and structures - of international law and courts.

Chinese Legal Reform and the Global Legal Order

13 Hirschl, Towards Juristocracy, p. 220. 14 Allan R. Brewer-Carias, Constitutional Courts as Positive Legislators: A Comparative Law Study (Cambridge: ...

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Author: Yun Zhao

Publisher: Cambridge University Press

ISBN: 9781107182004

Category: Law

Page: 326

View: 975

A critical evaluation of the latest reform in Chinese law that engages legal scholarship with research of Chinese legal historians.