Comparative Judicial Review
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Comparative Judicial Review

Edited by Erin F. Delaney and Rosalind Dixon

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.
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Chapter 16: Beyond Europe and the United States: the wide world of judicial review

Virgílio Afonso da Silva

Abstract

This chapter calls for the abandonment of the simplistic dichotomy currently used to describe any system of judicial review—the “United States” or “European” models of judicial review. Drawing on extended examples from France, Brazil, Portugal, and the United States, as well as a survey of many other countries, the author argues that countries can be classified deceptively under the current schema. And, even when systems are categorized correctly, such a dualistic perspective ignores other, potentially more important, differences between systems such as differences in timing, appointment of judges, composition of the bench, term, access to the court, deliberation and decision-making processes, and effects of the court’s decisions. The chapter concludes by calling for an exploration of typologies which can move from the current dualism to a more expansive classificatory vocabulary in order to foster richness of discussion and research.

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