CEU Electronic Theses and Dissertations, 2018
| Author | De Souza Amparo, Thiago |
|---|---|
| Title | Harming Constitutional Change: The Role of Countermovements in Constitutional Equality Litigation in the United States, Brazil and South Africa |
| Summary | The dissertation entitled Harming Constitutional Change: The Role of Countermovements in Constitutional Equality Litigation in the United States, Brazil and South Africa narrates the ways through which constitutional equality jurisprudence have redefined what it means to be harmed in constitutionally relevant way, largely due to the influence of legal mobilization led by countermovements in and out of courts. By looking at three jurisdictions and their constitutional equality jurisprudences and frameworks, namely: Brazil, South Africa and the United States, this dissertation addresses analyzes countermovements’ legal mobilization in those countries, inside and outside courts; and inquire the roles of apex courts in light of countermovements’ legal mobilization, in particular how such courts make sense of new claims of harm. This dissertation focuses on countermovements which seek to protect traditional family values – developed to oppose LGBT rights in Brazil, South Africa and the United States, and the anti-affirmative action countermovements – reacting to race-related affirmative actions in those countries. Through analyzing the constitutional changes in constitutional equality the legal mobilization of countermovements has promoted, this dissertation challenges the traditional way scholars have understood the role of apex courts amid legal mobilization by social movements and countermovements. It concludes by outlining what kinds of new claims of constitutional harm (e.g. complicit claims) apex courts will have to deal with in the future of constitutional equality. |
| Supervisor | Uitz, Renata |
| Department | Legal Studies PhD |
| Full text | https://www.etd.ceu.edu/2018/amparo_thiago.pdf |
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