Social Systems Theory and Judicial Review: Taking Jurisprudence Seriously

ISBN-13: 9781138732018 / Angielski / Miękka / 2017 / 192 str.

Katayoun Baghai

Opis

This book demonstrates the empirical gains and integrative potential of social systems theory for the sociology of law. The study observes judicial review as an instrument for the self-steering of a functionally differentiated legal system. This approach 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, and of the European Court of Human Rights’ privacy jurisprudence, which suggests the pertinence of the analytic framework to other rights and jurisdictions.

Spis treści

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.

O autorze

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, Montréal.