Cover: Towards Juristocracy: The Origins and Consequences of the New Constitutionalism, from Harvard University PressCover: Towards Juristocracy in PAPERBACK

Towards Juristocracy

The Origins and Consequences of the New Constitutionalism

Add to Cart

Product Details

PAPERBACK

$29.50 • £23.95 • €26.50

ISBN 9780674025479

Publication Date: 09/30/2007

Short

296 pages

6-1/8 x 9-1/4 inches

2 line illustrations, 4 tables

World

In countries and supranational entities around the globe, constitutional reform has transferred an unprecedented amount of power from representative institutions to judiciaries. The constitutionalization of rights and the establishment of judicial review are widely believed to have benevolent and progressive origins, and significant redistributive, power-diffusing consequences. Ran Hirschl challenges this conventional wisdom.

Drawing upon a comprehensive comparative inquiry into the political origins and legal consequences of the recent constitutional revolutions in Canada, Israel, New Zealand, and South Africa, Hirschl shows that the trend toward constitutionalization is hardly driven by politicians’ genuine commitment to democracy, social justice, or universal rights. Rather, it is best understood as the product of a strategic interplay among hegemonic yet threatened political elites, influential economic stakeholders, and judicial leaders. This self-interested coalition of legal innovators determines the timing, extent, and nature of constitutional reforms.

Hirschl demonstrates that whereas judicial empowerment through constitutionalization has a limited impact on advancing progressive notions of distributive justice, it has a transformative effect on political discourse. The global trend toward juristocracy, Hirschl argues, is part of a broader process whereby political and economic elites, while they profess support for democracy and sustained development, attempt to insulate policymaking from the vicissitudes of democratic politics.

Recent News

From Our Blog

Jacket: Our Universe: An Astronomer’s Guide, by Jo Dunkley, from Harvard University Press

Q&A with Jo Dunkley, author of Our Universe: An Astronomer’s Guide

Jo Dunkley combines her expertise as an astrophysicist with her talents as a teacher and writer in Our Universe: An Astronomer’s Guide, a lively and exceptionally clear introduction to the structure and history of the universe and its enduring mysteries. We spoke with her about the book and her seemingly limitless topic.

‘manifold glories of classical Greek and Latin’

The digital Loeb Classical Library (loebclassics.com) extends the founding mission of James Loeb with an interconnected, fully searchable, perpetually growing virtual library of all that is important in Greek and Latin literature.