Constitutional Review in Europe and in the United States: Influences, Paradoxes, and Convergence
University of Sydney - Faculty of Law
February 2, 2011
COMPARING DEMOCRACIES, M. Fantoni, L. Morlino, eds., Forthcoming
Sydney Law School Research Paper No. 11/15
In this paper, prepared as chapter for a book on comparisons of the American and European approaches to democracy, I provide an account of different US and continental-European constitutional trajectories focusing on the contrasts, similarities and paradoxes which emerge when reflecting upon the American and the European models of constitutional review. I begin by outlining the main ways in which American constitutionalism affected the evolution of European approaches to the role of constitutions in the legal system; I will then provide a highly stylized account of two contrasting models of constitutional review: he European “continental” model and the US model; I also note some striking paradoxes which emerge when reflecting upon these models, and also attempt to provide some explanations (if not “solutions”) to these paradoxes. Finally, I will show some important ways in which the two models converge.
Number of Pages in PDF File: 20
Keywords: Comparative Constitutional Law, Constitutional Courts, Judicial Review, Bills of Rights
JEL Classification: K10, K30Accepted Paper Series
Date posted: February 4, 2011 ; Last revised: February 10, 2011
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