Comparative judicial review / edited by Erin F. Delaney, Rosalind Dixon.

Format:

Book

Contributor:

Edward Elgar Publishing, publisher.

Delaney, Erin F., editor.

Dixon, Rosalind, editor.

Series:

Research handbooks in comparative constitutional law.

Research handbooks in comparative constitutional law

Language:

English

Subjects (All):

Judicial review.

Physical Description:

1 online resource (464 pages).

Place of Publication:

Northampton, MA : Edward Elgar Pub., Inc., 2018.

Summary:

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.

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 & 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 & methodological challenges / Ran Hirschl

Index.

Notes:

Includes index.

Description based on print version record.

ISBN:

1-78811-060-9