With a Little Help from the Courts: The Promises and Limits of Weak Form Judicial Review of Social and Economic Rights

International Journal of Law in Context, Vol. 5, p. 417, 2009

15 Pages Posted: 9 Apr 2011 Last revised: 2 Mar 2012

See all articles by Adam Shinar

Adam Shinar

Reichman University - Interdisciplinary Center (IDC) Herzliyah - Harry Radziner School of Law

Date Written: December 1, 2009

Abstract

This is a review of Mark Tushnet’s Weak Courts, Strong Rights: Judicial Review and Social Welfare Rights in Comparative Constitutional Law. The review outlines the main arguments in the book and then moves to elaborate on two preconditions which are necessary for Tushnet’s project to succeed: the existence of a strong civil society and an institutional willingness to implement social welfare rights. In addition, this review seeks to situate the book within Tushnet’s broader constitutional theory project. In particular, the review attempts to reconcile this work with Tushnet’s 1999 Taking the Constitution Away from the Courts, a work that initially seems to be diametrically opposed to his new book.

Keywords: constitutional theory, judicial review, social and economic rights

Suggested Citation

Shinar, Adam, With a Little Help from the Courts: The Promises and Limits of Weak Form Judicial Review of Social and Economic Rights (December 1, 2009). International Journal of Law in Context, Vol. 5, p. 417, 2009, Available at SSRN: https://ssrn.com/abstract=1718210

Adam Shinar (Contact Author)

Reichman University - Interdisciplinary Center (IDC) Herzliyah - Harry Radziner School of Law ( email )

P.O. Box 167
Herzliya, 46150
Israel

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