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Comparative Judicial Review

Comparative Judicial Review

Name: Comparative Judicial Review
Brand: Edward Elgar Publishing
SKU: 9781788110594
Price: 2736.37 HKD
Availability: InStock
Author: Erin F. Delaney; Rosalind Dixon
ISBN: 9781788110594

Edited by Erin F. Delaney · Rosalind Dixon

Edward Elgar Publishing September 2018

Specifications

ISBN-13: 9781788110594
Publisher: Edward Elgar Publishing
Publication: September 2018
Format: Hardback
Jurisdiction: U.K. ? Countri(es) for reference only

Details

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.

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

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Table of Contents

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