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Vol 21 No 11 Nov/Dec 2016

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Social Systems Theory and Judicial Review: Taking Jurisprudence Seriously

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ISBN13: 9781409454021
Published: April 2015
Publisher: Ashgate Publishing Ltd
Country of Publication: UK
Format: Hardback
Price: £65.00



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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 Courts 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 Courts 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.

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Subjects:
Judicial Review, Jurisprudence, Law and Society
Contents:
Preface
Introduction
Rights before the court
Racial exclusion: state action and system-reference
Racial inclusion: strict scrutiny and functional relevance
Religion and law: organizations and programs
Privacy as structural coupling
Conclusion
References
Index.