SOCIAL SYSTEMS THEORY AND JUDICIAL REVIEW by Dr. Katayoun Baghai, Professor Ralf Rogowski ( 9781409454021 )

Item Details

Title:

SOCIAL SYSTEMS THEORY AND JUDICIAL REVIEW
TAKING JURISPRUDENCE SERIOUSLY

By:

Dr. Katayoun Baghai, Professor Ralf Rogowski

Format:

Hardback

List price:

£86.99

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£78.29

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£8.70

ISBN 10:

1409454029

ISBN 13:

9781409454021

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Publisher:

TAYLOR & FRANCIS LTD

Pub. date:

8 May, 2015

Series:

Studies in Modern Law and Policy

Pages:

192

Synopsis:

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.

Publication:

Imprint:

Ashgate Publishing Limited

Returns:

Returnable

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