Edited by Anthony F. Lang and Antje Wiener
Chapter 22: International judicial review
International judicial review plays a central role in constitutionalizing the global order as it opens up the possibility of reviewing the actions of states from a perspective of international constitutionality, based on rule of law and protection of rights considerations, rather than from a perspective of bilateral and private promises between states. International judicial review, however, exists in different forms and shades in international law. These range from human rights-based judicial review carried out by regional human rights courts to judicial review based on the rule of law requirements of free-trade exercised by the World Trade Organization. Standards of judicial review too are diverse, ranging from lenient to strict review. This chapter surveys the implications of emerging practices of international judicial review for global constitutionalism by focusing on the central differences between judicial review in domestic and international contexts, the diverse forms of judicial review exercised by courts on the international plane and the core objections to international judicial review by international courts.
You are not authenticated to view the full text of this chapter or article.
Elgaronline requires a subscription or purchase to access the full text of books or journals. Please login through your library system or with your personal username and password on the homepage.
Non-subscribers can freely search the site, view abstracts/ extracts and download selected front matter and introductory chapters for personal use.
Your library may not have purchased all subject areas. If you are authenticated and think you should have access to this title, please contact your librarian.