Overview

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. Contributors include: K.J. Alter, S.G. Calabresi, W.-C. Chang, E.F. Delaney, R. Dixon, L, Esptein, T. Ginsburg, J. Greene, A. Harel, R. Hirschl, S. Issacharoff, V. Jackson, T. Jacobi, R.A. Kagan, D. Kapiszewski, J. Knight, D. Landau, Y.-L. Lee, H. Lerner, S. Mittal, T. Roux, W. Sadurski, A. Shinar, G. Silverstein, K. Stilt, Y. Tew, M. Versteeg, S. Waheedi, B.R. Weingast, E. Zackin

Full Product Details

Author:   Erin F. Delaney ,  Rosalind Dixon
Publisher:   Edward Elgar Publishing Ltd
Imprint:   Edward Elgar Publishing Ltd
Dimensions:   Width: 16.90cm , Height: 3.10cm , Length: 24.40cm
Weight:   0.960kg
ISBN:  

9781788110594

ISBN 10:   1788110595
Pages:   464
Publication Date:   28 September 2018
Audience:   Professional and scholarly ,  Professional & Vocational
Format:   Hardback
Publisher's Status:   Active
Availability:   To order  
Stock availability from the supplier is unknown. We will order it for you and ship this item to you once it is received by us.

Table of 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 and 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 and Methodological Challenges Ran Hirschl Index

Reviews

`Our understanding of the institutions of constitutional/judicial review has deepened dramatically over the past generation. This collection of essays by some of the world's most sophisticated analysts of constitutional review provides an overview of what we know. It pushes the research agenda forward by using interesting and provocative theoretical perspectives - from law, political science, and normative political theory - on constitutional review to offer thoughtful new claims. Simultaneously a handbook and a valuable collection of new insights, Comparative Judicial Review deserves a place on the bookshelf of every serious scholar in the field.' -- Mark Tushnet, Harvard Law School, US

`A more comprehensive or state-of-the-art advanced introduction to comparative judicial review is impossible to imagine. With authoritative but concise contributions from the leading comparative constitutionalists and political scientists in the field, this extraordinarily valuable volume takes an interdisciplinary, global, and transnational approach in addressing the key questions surrounding constitutional courts, and explores them with an unusual sensitivity to social and political context. A uniquely useful one-stop shop for students and scholars alike.' -- Stephen Gardbaum, UCLA School of Law, US `Our understanding of the institutions of constitutional/judicial review has deepened dramatically over the past generation. This collection of essays by some of the world's most sophisticated analysts of constitutional review provides an overview of what we know. It pushes the research agenda forward by using interesting and provocative theoretical perspectives - from law, political science, and normative political theory - on constitutional review to offer thoughtful new claims. Simultaneously a handbook and a valuable collection of new insights, Comparative Judicial Review deserves a place on the bookshelf of every serious scholar in the field.' -- Mark Tushnet, Harvard Law School, US

`A more comprehensive or state-of-the-art advanced introduction to comparative judicial review is impossible to imagine. With authoritative but concise contributions from the leading comparative constitutionalists and political scientists in the field, this extraordinarily valuable volume takes an interdisciplinary, global, and transnational approach in addressing the key questions surrounding constitutional courts, and explores them with an unusual sensitivity to social and political context. A uniquely useful one-stop shop for students and scholars alike.' -- Stephen Gardbaum, University of California, Los Angeles, School of Law, US `Our understanding of the institutions of constitutional/judicial review has deepened dramatically over the past generation. This collection of essays by some of the world's most sophisticated analysts of constitutional review provides an overview of what we know. It pushes the research agenda forward by using interesting and provocative theoretical perspectives - from law, political science, and normative political theory - on constitutional review to offer thoughtful new claims. Simultaneously a handbook and a valuable collection of new insights, Comparative Judicial Review deserves a place on the bookshelf of every serious scholar in the field.' -- Mark Tushnet, Harvard Law School, US

'A more comprehensive or state-of-the-art advanced introduction to comparative judicial review is impossible to imagine. With authoritative but concise contributions from the leading comparative constitutionalists and political scientists in the field, this extraordinarily valuable volume takes an interdisciplinary, global, and transnational approach in addressing the key questions surrounding constitutional courts, and explores them with an unusual sensitivity to social and political context. A uniquely useful one-stop shop for students and scholars alike.' -- Stephen Gardbaum, University of California, Los Angeles, School of Law, US 'Our understanding of the institutions of constitutional/judicial review has deepened dramatically over the past generation. This collection of essays by some of the world's most sophisticated analysts of constitutional review provides an overview of what we know. It pushes the research agenda forward by using interesting and provocative theoretical perspectives - from law, political science, and normative political theory - on constitutional review to offer thoughtful new claims. Simultaneously a handbook and a valuable collection of new insights, Comparative Judicial Review deserves a place on the bookshelf of every serious scholar in the field.' -- Mark Tushnet, Harvard Law School, US

Author Information

Edited by Erin F. Delaney, Leverhulme Professor of Comparative Constitutional Law and Director, Global Centre for Democratic Constitutionalism, University College London, UK and Rosalind Dixon, Professor of Law, UNSW Sydney, Australia

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