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Comparative Judicial Review
Constitutional courts around the world play an increasingly central role in day-to-day democratic governance. Yet scholars have only recently begun to develop the interdisciplinary analysis needed to understand this shift in the relationship of constitutional law to politics. This edited volume brings together the leading scholars of constitutional law and politics to provide a comprehensive overview of judicial review, covering theories of its creation, mechanisms of its constraint, and its comparative applications, including theories of interpretation and doctrinal developments. This book serves as a single point of entry for legal scholars and practitioners interested in understanding the field of comparative judicial review in its broader political and social context.
More Information
Critical Acclaim
Contributors
Contents
More Information
Constitutional courts around the world play an increasingly central role in day-to-day democratic governance. Yet scholars have only recently begun to develop the interdisciplinary analysis needed to understand this shift in the relationship of constitutional law to politics. This edited volume brings together leading scholars of constitutional law and politics to provide a comprehensive overview of judicial review, covering theories of its creation, mechanisms of its constraint, and its comparative applications, including theories of interpretation and doctrinal developments.
This book serves as a single point of entry for legal scholars and practitioners interested in understanding the field of comparative judicial review in its broader political and social context. This book’s comparative and interdisciplinary accounts of a phenomenon of worldwide significance and its advanced introduction to the origins, functions, and contours of judicial review make it both accessible and indispensable.
Comparative Judicial Review should be considered essential reading for every graduate student, early career scholar, and constitutional law professor seeking to become more comparative in their approach.
This book serves as a single point of entry for legal scholars and practitioners interested in understanding the field of comparative judicial review in its broader political and social context. This book’s comparative and interdisciplinary accounts of a phenomenon of worldwide significance and its advanced introduction to the origins, functions, and contours of judicial review make it both accessible and indispensable.
Comparative Judicial Review should be considered essential reading for every graduate student, early career scholar, and constitutional law professor seeking to become more comparative in their approach.
Critical Acclaim
‘A more comprehensive or state-of-the-art advanced introduction to comparative judicial review is impossible to imagine. With authoritative but concise contributions from the leading comparative constitutionalists and political scientists in the field, this extraordinarily valuable volume takes an interdisciplinary, global, and transnational approach in addressing the key questions surrounding constitutional courts, and explores them with an unusual sensitivity to social and political context. A uniquely useful one-stop shop for students and scholars alike.’
– Stephen Gardbaum, University of California, Los Angeles, School of Law, US
‘Our understanding of the institutions of constitutional/judicial review has deepened dramatically over the past generation. This collection of essays by some of the world’s most sophisticated analysts of constitutional review provides an overview of what we know. It pushes the research agenda forward by using interesting and provocative theoretical perspectives – from law, political science, and normative political theory – on constitutional review to offer thoughtful new claims. Simultaneously a handbook and a valuable collection of new insights, Comparative Judicial Review deserves a place on the bookshelf of every serious scholar in the field.’
– Mark Tushnet, Harvard Law School, US
– Stephen Gardbaum, University of California, Los Angeles, School of Law, US
‘Our understanding of the institutions of constitutional/judicial review has deepened dramatically over the past generation. This collection of essays by some of the world’s most sophisticated analysts of constitutional review provides an overview of what we know. It pushes the research agenda forward by using interesting and provocative theoretical perspectives – from law, political science, and normative political theory – on constitutional review to offer thoughtful new claims. Simultaneously a handbook and a valuable collection of new insights, Comparative Judicial Review deserves a place on the bookshelf of every serious scholar in the field.’
– Mark Tushnet, Harvard Law School, US
Contributors
Contributors: K.J. Alter, S.G. Calabresi, W.-C. Chang, V.A. da Silva, E.F. Delaney, R. Dixon, L, Esptein, T. Ginsburg, J. Greene, A. Harel, R. Hirschl, S. Issacharoff, V.C. Jackson, T. Jacobi, R.A. Kagan, D. Kapiszewski, J. Knight, D. Landau, Y.-L. Lee, H. Lerner, S. Mittal, T. Roux, W. Sadurski, A. Shinar, G. Silverstein, K. Stilt, Y. Tew, M. Versteeg, S. Waheedi, B.R. Weingast, E. Zackin
Contents
Contents:
1. Introduction
Erin F. Delaney and Rosalind Dixon
Part I The Origins and Functions of Judicial Review
2. The Real Case for Judicial Review
Alon Harel and Adam Shinar
3. Constitutions as Political Insurance: Variants and Limits
Rosalind Dixon and Tom Ginsburg
4. Comparative Constitutional Law as a Window on Democratic Institutions
Samuel Issacharoff
5. The Origins and Growth of Judicial Enforcement
Steven Gow Calabresi
Part II The Political and Institutional Contexts for Judicial Review
6. Interpreting Constitutions in Divided Societies
Hanna Lerner
7. Judicial Review in the Context of Constitutional Islam
Salma Waheedi and Kristen Stilt
8. New Judicial Roles in Governance
Robert A. Kagan, Diana Kapiszewski and Gordon Silverstein
9. Competition or Collaboration: Constitutional Review by Multiple Final Courts
Wen-Chen Chang and Yi-Li Lee
Part III The Stability and Effectiveness of Judicial Review
10. Judicial Review as a Self-Stabilizing Constitutional Mechanism
Tonja Jacobi, Sonia Mittal and Barry R. Weingast
11. Losing Faith in Law’s Autonomy: A Comparative Analysis
Theunis Roux
12. Courts and Support Structures: Beyond the Classic Narrative
David Landau
13. National Perspectives on International Constitutional Review: Diverging Optics
Karen J. Alter
14. Efficacious Judging on Apex Courts
Lee Epstein and Jack Knight
15. Limiting Judicial Discretion
Mila Versteeg and Emily Zackin
Part IV Operationalizing Judicial Review: Typologies, Doctrines and Methodological Challenges
16. Beyond Europe and the United States: The Wide World of Judicial Review
Virgílio Afonso da Silva
17. Judicial Review and Public Reason
Wojciech Sadurski
18. Pockets of Proportionality: Choice and Necessity, Doctrine and Principle
Vicki C. Jackson
19. Comparative Approaches to Constitutional History
Jamal Greene and Yvonne Tew
20. Judicial Review and the Politics of Comparative Citations: Theory, Evidence and
Methodological Challenges
Ran Hirschl
Index
1. Introduction
Erin F. Delaney and Rosalind Dixon
Part I The Origins and Functions of Judicial Review
2. The Real Case for Judicial Review
Alon Harel and Adam Shinar
3. Constitutions as Political Insurance: Variants and Limits
Rosalind Dixon and Tom Ginsburg
4. Comparative Constitutional Law as a Window on Democratic Institutions
Samuel Issacharoff
5. The Origins and Growth of Judicial Enforcement
Steven Gow Calabresi
Part II The Political and Institutional Contexts for Judicial Review
6. Interpreting Constitutions in Divided Societies
Hanna Lerner
7. Judicial Review in the Context of Constitutional Islam
Salma Waheedi and Kristen Stilt
8. New Judicial Roles in Governance
Robert A. Kagan, Diana Kapiszewski and Gordon Silverstein
9. Competition or Collaboration: Constitutional Review by Multiple Final Courts
Wen-Chen Chang and Yi-Li Lee
Part III The Stability and Effectiveness of Judicial Review
10. Judicial Review as a Self-Stabilizing Constitutional Mechanism
Tonja Jacobi, Sonia Mittal and Barry R. Weingast
11. Losing Faith in Law’s Autonomy: A Comparative Analysis
Theunis Roux
12. Courts and Support Structures: Beyond the Classic Narrative
David Landau
13. National Perspectives on International Constitutional Review: Diverging Optics
Karen J. Alter
14. Efficacious Judging on Apex Courts
Lee Epstein and Jack Knight
15. Limiting Judicial Discretion
Mila Versteeg and Emily Zackin
Part IV Operationalizing Judicial Review: Typologies, Doctrines and Methodological Challenges
16. Beyond Europe and the United States: The Wide World of Judicial Review
Virgílio Afonso da Silva
17. Judicial Review and Public Reason
Wojciech Sadurski
18. Pockets of Proportionality: Choice and Necessity, Doctrine and Principle
Vicki C. Jackson
19. Comparative Approaches to Constitutional History
Jamal Greene and Yvonne Tew
20. Judicial Review and the Politics of Comparative Citations: Theory, Evidence and
Methodological Challenges
Ran Hirschl
Index
