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 19: Comparative approaches to constitutional history

Jamal Greene and Yvonne Tew

Abstract

This chapter develops a basic taxonomy of approaches to constitutional history based on types of history, patterns of use, and type of provision. Within these categories, the variations in the use of constitutional history include purposes/expectations, intention/meaning, texts/backdrops, pluralist/dispositive, and interpretation/rhetoric. The authors then apply this taxonomy to the practices of constitutional courts in the United States, Canada, Germany, Australia, India, Hong Kong, Malaysia, and Singapore. From this survey, the chapter concludes that history plays a variable role across constitutional systems, depending on the country’s unique historical, cultural, and political traditions.

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