Comparative scholarship on judicial review has paid a lot of attention to the causal impact of politics on judicial decision-making. However, the slower-moving, macro-social process through which judicial review influences societal conceptions of the law/politics relation is less well understood. Drawing on the political science literature on institutional change, The Politico-Legal Dynamics of Judicial Review tests a typological theory of the evolution of judicial review regimes - complexes of legitimating ideas about the law/politics relation. The theory posits that such regimes tend to conform to one of four main types - democratic or authoritarian legalism, or democratic or authoritarian instrumentalism. Through case studies of Australia, India, and Zimbabwe, and a comparative chapter analyzing ten additional societies, the book then explores how actually-existing judicial review regimes transition between these types. This process of ideational development, Roux concludes, is distinct both from the everyday business of constitutional politics and from changes to the formal constitution.
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The Politico-Legal Dynamics of Judicial Review: A Comparative Analysis
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The Politico-Legal Dynamics of Judicial Review: A Comparative Analysis
‘A major contribution to the burgeoning field of comparative constitutional law. Roux draws on broad theoretical constructs and practical inquiries in national legal settings to address the freighted questions of what constitutional courts are supposed to do, and how likely they are to do it successfully. The result ramps up the sophistication of the field for the benefit of all participants.' Samuel Issacharoff, New York University School of Law
Published date: Aug 08, 2019
Language: English
No. of Pages: 390
Publisher: Cambridge University Press
ISBN: 9781108442329
Dimensions:
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