Social Systems Theory and Judicial Review
Regular price
€44.99
14 days return policy
Shipping & Delivery
A01=Katayoun Baghai
Author_Katayoun Baghai
basis
Category=JHB
clause
compelling
Compelling State Interest
Criminal Sodomy Laws
Disparate Impact Liability
Disparate Racial Impacts
Education System
eq_bestseller
eq_isMigrated=1
eq_isMigrated=2
eq_nobargain
eq_non-fiction
eq_society-politics
equal
Equal Protection Clause
Establishment Clause
European Court of Human Rights
fundamental rights analysis
Homosexual Sodomy
Indirect Public Funding
Integrated Education
judicial rights adjudication frameworks
Jurisprudential Developments
legal system differentiation
Narrowly Tailored
Peremptory Challenges
Privacy Jurisprudence
protection
Race Neutral Alternatives
Race Neutral Measures
rational
Religious Freedom Restoration Act
scrutiny
Selective Self-presentation
Social Systems
societal
Societal Systems
sociology of law
state
State Action Doctrine
strict
Strict Scrutiny
Strict Scrutiny Analysis
structural coupling theory
US Supreme Court cases
Vice Versa
Workable Race Neutral Alternatives
Product details
- ISBN 9781138732018
- Weight: 453g
- Dimensions: 156 x 234mm
- Publication Date: 07 Feb 2017
- Publisher: Taylor & Francis Ltd
- Publication City/Country: GB
- Product Form: Paperback
Secure
checkout
Fast Shipping
Easy returns
This book demonstrates the empirical gains and integrative potentials of social systems theory for the sociology of law. Against a backdrop of classical and contemporary sociological debates about law and society, it observes judicial review as an instrument for the self-steering of a functionally differentiated legal system. This allows close investigation of the US Supreme Court’s jurisprudence of rights, both in legal terms and in relation to structural transformations of modern society. The result is a thought-provoking account of conceptual and doctrinal developments concerning racial discrimination, race-based affirmative action, freedom of religion, and prohibition of its establishment, detailing the Court’s response to boundary tensions between functionally differentiated social systems. Preliminary examination of the European Court of Human Rights’ privacy jurisprudence suggests the pertinence of the analytic framework to other rights and jurisdictions. This contribution is particularly timely in the context of increasing appeals to fundamental rights around the world and the growing role of national and international high courts in determining their concrete meanings.
Katayoun Baghai is a FRQSC post-doctoral fellow and a visiting scholar at the Department of Law, Queen Mary University of London. She holds a doctorate in Sociology from McGill University, Montréal.
