46 results for "Innovation"

American consuls in the Holy Land, 1832-1914

Kark, Ruth
This volume provides new insights into the role of U.S. consuls in the Ottoman Middle East in the special context of the Holy Land. This volume provides new insights into the role of U.S. consuls in the Ottoman Middle East in the special context of the Holy Land. The motivations and functioning of the American consuls in Jerusalem, and of the consular agents in Jaffa and Haifa, are analyzed as part of the US diplomatic and consular activity throughout the world, and of Western involvement in the Ottoman Empire and in Palestine during the century preceding World War I. The processes of cultural, demographic, economic, environmental, and settlement change and the contribution of the US consuls and American settlers to development of and modernization of Palestine are discussed. Based on primary archival sources such facets as the role of consuls regarding the use of extraterritorial privileges, Western religious and cultural penetration, control of land and land purchase, non-Muslim settlement, judicial systems, and technological innovations are considered from American, Ottoman, and local viewpoints.
Magnes Press, Hebrew University 1994 388 pages

Weak courts, strong rights: judicial review and social welfare rights in comparative constitutional law

Tushnet, Mark V.
Unlike many other countries, the United States has few constitutional guarantees of social welfare rights such as income, housing, or healthcare. In part this is because many Americans believe that the courts cannot possibly enforce such guarantees. However, recent innovations in constitutional design in other countries suggest that such rights can be judicially enforced--not by increasing the power of the courts but by decreasing it. In Weak Courts, Strong Rights , Mark Tushnet uses a comparative legal perspective to show how creating weaker forms of judicial review may actually allow for stronger social welfare rights under American constitutional law. Under "strong-form" judicial review, as in the United States, judicial interpretations of the constitution are binding on other branches of government. In contrast, "weak-form" review allows the legislature and executive to reject constitutional rulings by the judiciary--as long as they do so publicly. Tushnet describes how weak-form review works in Great Britain and Canada and discusses the extent to which legislatures can be expected to enforce constitutional norms on their own. With that background, he turns to social welfare rights, explaining the connection between the "state action" or "horizontal effect" doctrine and the enforcement of social welfare rights. Tushnet then draws together the analysis of weak-form review and that of social welfare rights, explaining how weak-form review could be used to enforce those rights. He demonstrates that there is a clear judicial path--not an insurmountable judicial hurdle--to better enforcement of constitutional social welfare rights.
Princeton University Press 2009-08-09 272 pages