The Proliferation of Constitutional Law and Constitutional Adjudication, or How American Judicial Review Came to Europe after All

17 Pages Posted: 5 Apr 2013

See all articles by Leonard F. M. Besselink

Leonard F. M. Besselink

University of Amsterdam - Amsterdam Centre for European Law and Governance

Date Written: March 27, 2013

Abstract

This article submits that the continental European (Kelsenian) model of constitutional adjudication is affected, if not undermined, by the proliferation of constitutional adjudication outside centralized constitutional courts, due to 'globalization' in the European context, which results in a dispersion of constitutional adjudication that bears some of the traits of American judicial review. This contribution focuses on the institutional implications this has for the position and legitimacy of courts and constitutional adjudication by both national and European courts, and for the dynamics of their mutual relations. These implications and dynamics, it is submitted, are in some important respects different from the manner in which globalization plays out in American courts.

Keywords: Kelsenian constitutional courts, judicial review, separation of powers, globalization, Europeanization, the Netherlands

Suggested Citation

Besselink, Leonard F. M., The Proliferation of Constitutional Law and Constitutional Adjudication, or How American Judicial Review Came to Europe after All (March 27, 2013). Utrecht Law Review, Vol. 9, No. 2, p. 19-35, March 2013. Available at SSRN: https://ssrn.com/abstract=2244747

Leonard F. M. Besselink (Contact Author)

University of Amsterdam - Amsterdam Centre for European Law and Governance ( email )

P.O.Box 1030
Amsterdam, 1000 BA
Netherlands

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