Feminist Judgments: Rewritten Opinions of the United States Supreme Court. By Kathryn M. Stanchi, Linda L. Berger, and Bridget J. Crawford (Eds.). New York: Cambridge University Press, 2016.
Published date | 01 December 2017 |
DOI | http://doi.org/10.1111/lasr.12303 |
Date | 01 December 2017 |
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In Olivia Road, the Court stated that the parties (the municipal-
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ity and the occupiers of buildings) were required to “engage with
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each other meaningfully and as soon as it is possible to resolve their
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differences and difficulties” (Liebenberg 2012: 14). The outcome of
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the engagement was a detailed agreement on how to improve the
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safety and health conditions in the buildings involved in the dis-
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pute. “Meaningful engagement” has subsequently been used
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mainly in eviction cases. This can be seen as a successful example of
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a mediating strategic role played by the Courts.
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Although stimulating, such solutions need to be examined care-
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fully by constitutional thinkers. There is a fine balance between
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localized settlement negotiations and normative guidelines pro-
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moted in a transparent way by Courts. Despite these shortcomings,
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there is still a gap in the refinement of such dialogic engagement
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initiatives. Constitutional Courts as Mediators takes major steps in pro-
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viding a creative approach to judicial behavior, and represents an
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impressive contribution and an essential resource for any scholar,
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judge, or politician interested in capturing the nuances of the juris-
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prudence of Constitutional Courts in a powerful perspective.
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References
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Liebenberg, S. (2012) “Engaging the Paradoxes of the Universal and Particular in
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Human Rights Adjudication. The Possibilities and Pitfalls of ‘Meaningful
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Engagement,’” 12 African Human Rights Law Journal J. 1–29.
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P
erez-Li~
n
an, An
ıbal (2007) Presidential Impeachment and the New Political Instability in Latin
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America. New York:Cambridge Univ. Press.
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Feminist Judgments: Rewritten Opinions of the United States Supreme Court.
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By Kathryn M. Stanchi, Linda L. Berger, and Bridget J. Crawford
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(Eds.). New York: Cambridge University Press, 2016.
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Reviewed by Trish Luker, Faculty of Law, University of Technology
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Sydney
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This collection of feminist rewritings of U.S. Supreme Court deci-
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sions is the most recent contribution to the burgeoning field of femi-
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nist judgments projects that have already emerged in a number of
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common law jurisdictions, including Canada, England/Wales,
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Northern/Ireland, Australia, and New Zealand. While feminist
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