Share this
PREVIOUS ARTICLE ALL CONTENTS Next ARTICLE

Reconstructing Rights: Courts, Parties, and Equality Rights in India, South Africa, and the United States, Stephan Stohler

Reviewed by Rebecca A. Reid

BUY

 

How does policy surrounding equal rights develop, and what role do courts play in this development? This book argues that legal development is due to a discourse between high courts and elected officials, whereby courts offer a legal interpretation and elected officials signal their acceptance or rejection of that interpretation. This book seeks to explain seemingly contradictory or inconsistent court judgments through a “deliberative partnership” theory that focuses on the discourse between judges and aligned elected officials (p. 223). Stephan Stohler’s Reconstructing Rights: Courts, Parties, and Equality Rights in India, South Africa, and the United States offers qualitative case studies based upon judicial opinions, legislative debates, and legal briefs, showing how high courts often initiate legal development yet revise their interpretations when elected officials reject their legal innovation.

For example, U.S. litigation following the Voting Rights Act of 1965 (VRA) pushed the Supreme Court to determine evidentiary standards for vote dilution lawsuits. Congress had not provided clear guidance, so Justice Byron White introduced a new doctrine that compromised between the previously established discriminatory intent and discriminatory effect doctrines. Progre

To continue reading, see options above.

About PSQ's Editor

ROBERT Y. SHAPIRO

Full Access

Join the Academy of Political Science and automatically receive Political Science Quarterly.

CONFERENCES & EVENTS

WEBINAR
Jeh Johnson - On the State of American Democracy

October 14, 2021

MORE ABOUT THIS EVENT VIEW ALL EVENTS

Editor’s spotlight

Social Policy and Political Institutions

The Dual Agenda of African American Organizations since the New Deal: Social Welfare Policies and Civil Rights
Dona Cooper Hamilton and Charles V. Hamilton

American Political Institutions after Watergate--A Discussion
DEMETRIOS CARALEY, CHARLES V. HAMILTON, ALPHEUS T. MASON, ROBERT A. McCAUGHEY, NELSON W. POLSBY, JEFFREY L. PRESSMAN, ARTHUR M. SCHLESINGER, JR., GEORGE L. SHERRY, AND TOM WICKER

MORE ABOUT THIS TOPIC

Search the Archives

Publishing since 1886, PSQ is the most widely read and accessible scholarly journal with distinguished contributors such as: Lisa Anderson, Robert A. Dahl, Samuel P. Huntington, Robert Jervis, Joseph S. Nye, Jr., Theda Skocpol, Woodrow Wilson

view additional issues

Most read

Articles | Book reviews

Understanding the Bush Doctrine
Robert Jervis

The Study of Administration
Woodrow Wilson

Notes on Roosevelt's "Quarantine" Speech
Dorothy Borg

view all

New APS Book

Perspectives on Presidential Elections, 1992–2020   PERSPECTIVES ON PRESIDENTIAL ELECTIONS, 1992–2020

About US

Academy of Political Science

The Academy of Political Science, promotes objective, scholarly analyses of political, social, and economic issues. Through its conferences and publications APS provides analysis and insight into both domestic and foreign policy issues.

Political Science Quarterly

With neither an ideological nor a partisan bias, PSQ looks at facts and analyzes data objectively to help readers understand what is really going on in national and world affairs.

Stay Connected

newsstand locator
About APS