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Social Systems Theory and Judicial Review

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Social Systems Theory and Judicial Review

Taking Jurisprudence Seriously

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Paperback / softback

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Social Systems Theory and Judicial Review by Katayoun Baghai
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Description

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.

Author Biography

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, Montreal.
Release date Australia
February 7th, 2017
Country of Publication
United Kingdom
Imprint
Routledge
Pages
192
ISBN-13
9781138732018
Product ID
26408019

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