Book reviews

Derek Bok, The State of the Nation (Harvard University Press, Cambridge and London, 1996), 483 pp., ISBN 0–674–29210–3

Philip J. Davies and Frederic A. Waldstein (eds), Political Issues in America Today: the 1990s Revisited (Manchester University Press, Manchester and New York, 1996), 275 pp., ISBN 0–7190–4225–9

Marino Regini, Uncertain Boundaries. The Social and Political Construction of European Economies (Cambridge University Press, Cambridge, 1995), 164 pp., ISBN 0–521–473771–3

Dietrich Rometsch and Wolfgang Wessels (eds), The European Union and Member States: Towards Institutional Fusion? (Manchester University Press, Manchester, 1996), xvii + 382 pp., ISBN 0–7190–4809–5 (hb)

Stephen D. Morris, Political Reform in Mexico. An Overview of Contemporary Mexican Politics (Rienner, Boulder and London, 1995), x + 262pp., ISBN 1–55587–594–7 (pb)

Atilio Boron, State, Capitalism, and Democracy in Latin America (Rienner, Boulder and London, 1995), x + 262 pp., ISBN 1–55587–508–4 (hb)

Alexander Stille, Excellent Cadavers. The Mafia and Death of the First Italian Republic (Vintage, London, 1995), 467 pp., ISBN 9–59–959491–9 (pb)

David Westerlund (ed), Questioning the Secular State: The Worldwide Resurgence of Religion in Politics (Hurst, London, 1996), 428 pp., ISBN 1–85065–241–4     

An Analysis of CRIPA Findings Letters Issued to Jails for Constitutional Violations by the Department of Justice

This study analyzes Findings Letters in jail Civil Rights of Institutionalized Persons Act (CRIPA) cases for the years 1993 through 2013 to improve our understanding of the prevalence, content and correlates of constitutional violations investigated by the Department of Justice. CRIPA authorizes the U.S. Department of Justice to investigate and file suit against local jail facilities for the unconstitutional conditions of individuals in their care. Investigating the allegations and providing local officials a Findings Letter are the first steps in a CRIPA action and determine what remedial action must be taken to avoid a federal lawsuit. The analysis revealed a high incidence of certain constitutional violations, longitudinal trends, and facility characteristics associated with CRIPA action.     

Constitutional Rights and Social Welfare: A Comment on the Canadian Chaoulli Health Care Decision

Chaoulli v Quebec (A.G . ) may be the most controversial Supreme Court of Canada decision to date. The Court used social science evidence of foreign health care systems to justify its finding that a provincial ban on private health care insurance unjustifiably violated the right to security of the person. The decision could lead to fundamental structural changes in the way Canadian provinces deliver health care services. Given the importance of Charter jurisprudence in the United Kingdom, and recent debate about the wisdom of incorporating social rights, the case raises a number of pertinent issues for British lawyers. This comment advances two general arguments. First, that the case was wrongly decided because of its poor characterisation of the legislative objective of the ban, unprincipled approach to judicial deference, and poor treatment of expert and social science evidence. Second, far from justifying suspicion of constitutional social rights, the case illustrates precisely why such rights can make a positive difference.