LEADER 04547nam 22006975 450 001 9910983484903321 005 20250225120739.0 010 $a9783031824630 010 $a3031824636 024 7 $a10.1007/978-3-031-82463-0 035 $a(CKB)37702974000041 035 $a(MiAaPQ)EBC31919653 035 $a(Au-PeEL)EBL31919653 035 $a(DE-He213)978-3-031-82463-0 035 $a(OCoLC)1504766232 035 $a(EXLCZ)9937702974000041 100 $a20250225d2025 u| 0 101 0 $aeng 135 $aur||||||||||| 181 $ctxt$2rdacontent 182 $cc$2rdamedia 183 $acr$2rdacarrier 200 10$aLitigating the Politics of Human Rights $eContemporary U.S. Culture Wars on Trial /$fby Sonja C. Grover 205 $a1st ed. 2025. 210 1$aCham :$cSpringer Nature Switzerland :$cImprint: Springer,$d2025. 215 $a1 online resource (220 pages) 225 1 $aIus Gentium: Comparative Perspectives on Law and Justice,$x2214-9902 ;$v121 311 08$a9783031824623 311 08$a3031824628 327 $aIntroduction: The Role of the Courts in Affirming Fundamental Human Rights as Essential to Democracy -- Litigating the Politics of Religious Conservatism in Public Life -- US Education Culture Wars: Freedom of Expression, Race, Gender and Revisionist History -- The Abortion Culture War and De-Democratization: States as Final Arbiters of Fundamental Human Rights and the Privatization of Abortion Restriction Enforcement -- US Education Culture Wars: The Right in a Democracy to Exposure to a Plurality of Views -- Selected US Culture Wars Involving the Scope of Authorities of Competing Sovereign Powers: The Court?s Role. 330 $aThe cases analysed involve litigation concerning a disparate range of contemporary US culture wars including equity in access to public services unrestricted by religious bias, resistance to the teaching of historical facts relating to racial tensions in America including the so-called ?critical race theory? debate, the right of schoolchildren to exposure concerning a diversity of views, current USSC litigation about US university admissions policy that considers ?race? (ethnicity) as one factor amongst many in admission, contemporary cases concerning the constitutionality of US abortion law grounded on Roe v Wade and the scope of State and indigenous sovereign powers These contemporary culture war US landmark cases are then compared to similar cases in non-US jurisdictions and courts to consider in more depth the underlying core issues in these cases. The book highlights the risk to a democracy of recasting fundamental human rights litigation as essentially nothing more than the sorting out of political quagmires and cultural conflicts best left to the discretion of government rather than the courts. Then, the major risk is that constitutional controversies will increasingly not be decided by an independent judiciary but rather by self-interested politicians as the courts more often than not decline to weigh in on highly sensitive human rights controversies. A further risk is that instead such cases will be decided through a judicial majoritarian political lens rather than a largely apolitical consensus judicial opinion constructed by both philosophically left leaning (so-called liberal) and right leaning (so-called conservative) jurists. 410 0$aIus Gentium: Comparative Perspectives on Law and Justice,$x2214-9902 ;$v121 606 $aConflict of laws 606 $aConflict of laws 606 $aInternational law 606 $aComparative law 606 $aHuman rights 606 $aAmerica$xPolitics and government 606 $aPrivate International Law, International and Foreign Law, Comparative Law 606 $aHuman Rights 606 $aPolitics and Human Rights 606 $aAmerican Politics 615 0$aConflict of laws. 615 0$aConflict of laws. 615 0$aInternational law. 615 0$aComparative law. 615 0$aHuman rights. 615 0$aAmerica$xPolitics and government. 615 14$aPrivate International Law, International and Foreign Law, Comparative Law. 615 24$aHuman Rights. 615 24$aPolitics and Human Rights. 615 24$aAmerican Politics. 676 $a340.9 700 $aGrover$b Sonja C$0788559 801 0$bMiAaPQ 801 1$bMiAaPQ 801 2$bMiAaPQ 906 $aBOOK 912 $a9910983484903321 996 $aLitigating the Politics of Human Rights$94316920 997 $aUNINA