The Origins and Consequences of the New ConstitutionalismBook - 2007 | First Harvard University Press pbk. edition
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 judical 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 developmenet, attempt to insulate policymaking from the vicissitudes of democratic politics.
Publisher: Cambridge, Mass. : Harvard University Press, 2007
Edition: First Harvard University Press pbk. edition
Branch Call Number: 342 H66t
Characteristics: 286 pages : illustrations ; 24 cm