Weak Courts, Strong Rights: Judicial Review and Social Welfare Rights in Comparative Constitutional Law

By Mark Tushnet | Go to book overview

Contents
Prefaceix
Acknowledgmentsxv
PART I: Strong-Form and Weak-Form Judicial Review
Chapter 1
Why Comparative Constitutional Law?3
Chapter 2
Alternative Forms of Judicial Review18
Chapter 3
The Possible Instability of Weak-Form Review and Its Implications43
PART II: Legislative Responsibility for Enforcing the Constitution
Chapter 4
Why and How to Evaluate Constitutional Performance79
Chapter 5
Constitutional Decision Making Outside the Courts111
PART III: Judicial Enforcement of Social and Economic Rights
Chapter 6
The State Action Doctrine and Social and Economic Rights161
Chapter 7
Structures of Judicial Review, Horizontal Effect, and Social Welfare Rights196
Chapter 8
Enforcing Social and Economic Rights227
Table of Cases265
Index269

-vii-

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