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The Collapse of Constitutional Remedies
"This book describes and explains the failure of the federal courts of the United States to act and to provide remedies to individuals whose constitutional rights have been violated by illegal state coercion and violence. This remedial vacuum must be understood in light of the original design and historical development of the federal courts. At its conception, the federal judiciary was assumed to be independent thanks to an apolitical appointment process, a limited supply of adequately trained lawyers (which would prevent cherry-picking), and the constraining effect of laws and constitutional provision. Each of these checks quickly failed. As a result, the early federal judicial system was h...
How to Save a Constitutional Democracy
Democracies are in danger. Around the world, a rising wave of populist leaders threatens to erode the core structures of democratic self rule. In the United States, the election of Donald Trump marked a decisive turning point for many. What kind of president calls the news media the “enemy of the American people,” or sees a moral equivalence between violent neo-Nazi protesters in paramilitary formation and residents of a college town defending the racial and ethnic diversity of their homes? Yet, whatever our concerns about the current president, we can be assured that the Constitution offers safeguards to protect against lasting damage—or can we? How to Save a Constitutional Democracy ...
Just Algorithms
Properly developed algorithms can reduce incarceration and help policymakers adopt more legally sophisticated bail and sentencing practices.
Unchecked And Unbalanced
Thirty years after the Church Committee unearthed COINTELPRO and other instances of illicit executive behavior on the domestic and international fronts, the Bush administration has elevated the flaws identified by the committee into first principles of government. Through a constellation of non-public laws and opaque, unaccountable institutions, the current administration has created a “secret presidency” run by classified presidential decisions and orders about national security. A hyperactive Office of Legal Counsel in the Department of Justice is intent on eliminating checks on presidential power and testing that power’s limits. Decisions are routinely executed at senior levels with...
Assessing Constitutional Performance
This volume challenges the concept of constitutional success, a bedrock assumption of comparative constitutional scholarship.
The Empire of Disgust
All known societies exclude one or more minority groups, frequently employing a rhetoric of disgust to justify stigmatization. For instance, in European anti-Semitism, Jews were considered hyper-physical and crafty; some upper-caste Hindus find the lower castes dirty and untouchable; and people with physical disabilities have been considered subhuman and repulsive. Exclusions vary in their scope and also in the specific disgust-ideologies underlying them. In The Empire of Disgust, scholars present an interdisciplinary and comparative study of varieties of stigma and prejudice in India and USA—along the axes of caste, race, gender identity, age, sexual orientation, disability, ethnicity, religion, and economic class—pervading contemporary social and political life. In examining these forms of stigma and their intersections, the contributors present theoretically pluralistic and empirically sensitive accounts that explain group-based stigma and suggest forward-looking remedies, including group resistance to subordination as well as institutional and legal change, equipped to eliminate stigma in its multifaceted forms.
From Parchment to Practice
Asks how the 'parchment' promises of a written constitution are translated into political practice, working through the many problems of constitutional implementation after adoption.
The Collapse of Constitutional Remedies
An exploration of how and why the Constitution's plan for independent courts has failed to protect individuals' constitutional rights, while advancing regressive and reactionary barriers to progressive regulation. Just recently, the Supreme Court rejected an argument by plaintiffs that police officers should no longer be protected by the doctrine of "qualified immunity" when they shoot or brutalize an innocent civilian. "Qualified immunity" is but one of several judicial inventions that shields state violence and thwarts the vindication of our rights. But aren't courts supposed to be protectors of individual rights? As Aziz Huq shows in The Collapse of Constitutional Remedies, history reveal...
Constitutional Triumphs, Constitutional Disappointments
Evaluates the successes and failures of the 1996 South African Constitution following the twentieth anniversary of its enactment.
The Missing Martyrs
Why are there so few Muslim terrorists? With more than a billion Muslims in the world-many of whom supposedly hate the West and ardently desire martyrdom-why don't we see terrorist attacks every day? Where are the missing martyrs? These questions may seem counterintuitive, in light of the death and devastation that terrorists have wrought around the world. But the scale of violence, outside of civil war zones, has been far lower than the waves of attacks that the world feared in the wake of 9/11. Terrorists' own publications complain about Muslims' failure to join their cause. The Missing Martyrs draws on government sources and revolutionary publications, public opinion surveys and election ...
