Constitutional Rights and Constitutional Design
by Paul Yowell
Format: Paperback
ISBN13: 9781509940301
Paperback|9781509940301
✨ Featured Offer
Brand New
$59.67
List Price: $46.95
🚚
See all 4 offers from $59.67 FREE standard delivery by: 04 Apr 2026
Overview
The decisions courts make in constitutional rights cases pervade our political life and touch on our most basic interests and values. The spread of judicial review of legislation around the world means that courts are increasingly called on to settle matters of moral and political controversy, including assisted suicide, data privacy, anti-terrorism measures, marriage, and abortion. But doubts regarding the institutional capacities of courts for deciding such questions are growing. Judges now regularly review social science research to assess whether a law will effectively achieve its aim, and at what cost to other interests. They cite studies and statistical information from psychology, sociology, medicine, and other disciplines in which they are rarely trained. This empirical reasoning proceeds alongside open-ended moral reasoning, with judges employing terms such as equality, liberty, and autonomy, then determining what these require in concrete circumstances. This book shows that courts were not designed for this kind of moral and empirical reasoning. It argues that in comparison to legislatures, the institutional capacities of courts are deficient. Legislatures are better equipped than courts for deliberating and decision-making in regard to the kinds of factual and moral issues that arise in constitutional rights cases. The book concludes by considering the implications of comparative institutional capacity for constitutional design. Is a system of judicial review of legislation something that constitutional framers should choose to adopt? If so, in what form? For countries with systems of judicial review, practical proposals are made to remedy deficiencies in the institutional capacities of courts.
| ISBN-13 | 9781509940301 |
|---|---|
| ISBN-10 | 1509940308 |
| Weight | 0.63 Pounds |
| Dimensions | 6.14 x 0.39 x 9.21 In |
| List Price | $46.95 |
| Format | Paperback |
|---|---|
| Language | English |
| Pages | 186 pages |
| Publisher | Hart Publishing |
| Published On | 2020-09-03 |
View All Offers
Sort by:
Price
Condition
Seller
Seller Comments
Price
✨ Brand New
Seller details
GreatBookPrices-
Columbia, MD, USA
100% Money Back Guarantee. Brand New, Perfect Condition. We offer expedited shipping to all US locat...
Free delivery by: 04 Apr 2026
Brand New
Seller details
Alibris
Sparks, NV, USA
Print on demand Trade paperback (US). Glued binding. 186 p.
Free delivery by: 04 Apr 2026
Brand New
Seller details
Paperbackshop
Bensenville, IL, USA
New Book. Shipped from UK in 4 to 14 days. Established seller since 2000. Please note we cannot of...
Free delivery by: 04 Apr 2026
Used, Good
Seller details
Bonita
Santa Clarita, CA, USA
Access codes and supplements are not guaranteed with used items. May be an ex-library book.
Free delivery by: 04 Apr 2026