Review of 'Rights-Based Constitutional Review - Constitutional Courts in a Changing Landscape' John Bell and Marie-Luce Paris (eds), Edward Elgar, Cheltenham, 2016

Abstract

This is a remarkable collection of essays on constitutionality control from a broad range of jurisdictions. The editors of the collection aim to test whether a number of theoretical paradigms that describe the operation of constitutionality control hold. The contributions to the volume show that the systems of constitutionality control described that were designed following those theoretical models have been led away from these theoretical a priori schemes. Some of the doctrinal categorizations that the essays in this collection are refuting are the distinction between legislative ‘sovereignty’ and judicial supremacy, the distinction between weak and strong forms of review and the distinction between a centralized and a decentralized review mode of constitutionality control.

Keywords: Rights, Judicial Review, Constitutional Courts, Judicial Supremacy, Forms of Review