Social Systems Theory and Judicial Review: Taking by Katayoun Baghai

By Katayoun Baghai

This e-book demonstrates the empirical earnings and integrative potentials of social structures concept for the sociology of legislation. opposed to a backdrop of classical and modern sociological debates approximately legislation and society, it observes judicial assessment as an device for the self-steering of a functionally differentiated felony procedure. this permits shut research of the USA very best Court’s jurisprudence of rights, either in felony phrases and when it comes to structural changes of recent society. the result's a thought-provoking account of conceptual and doctrinal advancements touching on racial discrimination, race-based affirmative motion, freedom of faith, and prohibition of its institution, detailing the Court’s reaction to boundary tensions among functionally differentiated social platforms. initial exam of the ecu court docket of Human Rights’ privateness jurisprudence indicates the pertinence of the analytic framework to different rights and jurisdictions. This contribution is very well timed within the context of accelerating appeals to basic rights world wide and the transforming into function of nationwide and foreign excessive courts in picking out their concrete meanings.

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