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Mapping Comparative Judicial Review

Suffolk University Law School Research Paper No. 07-24

CLPE Research Paper No. 3/2007

Washington University Global Legal Studies Law Review, Vol. 7, pp. 257-287, 2008

32 Pages Posted: 25 May 2007 Last revised: 17 Oct 2011

Miguel Schor

Drake University Law School

Date Written: May 27, 2007

Abstract

This Article explores the questions scholars ask about comparative constitutional judicial review and critically assesses the answers they provide. Scholars ask three, interrelated questions: (i) why has judicial review (almost) conquered democracy; (ii) whether empowering courts to construe constitutions has a democratic pay-off; and (iii) how best to make sense of the variation that judicial review exhibits around the world. The Article makes two principal conclusions. First, our scholarly maps of judicial review have for too long viewed the world through the prism of the exceptional American Supreme Court. Our understanding of judicial review would be improved if our maps were to deemphasize and contextualize the American experience. Second, the questions scholars ask about comparative judicial review implicitly rest on larger questions about democracy that need to be teased out and illuminated. In short, questions about the emergence and maintenance of democracy and the problematic relationship that American constitutionalism bears to other forms of constitutionalism around the globe lie at the root of our understanding of comparative judicial review.

Keywords: judicial review, constitutionalism, democracy, comparative constitutional law

Suggested Citation

Schor, Miguel, Mapping Comparative Judicial Review (May 27, 2007). Suffolk University Law School Research Paper No. 07-24; CLPE Research Paper No. 3/2007; Washington University Global Legal Studies Law Review, Vol. 7, pp. 257-287, 2008. Available at SSRN: https://ssrn.com/abstract=988848

Miguel Schor (Contact Author)

Drake University Law School ( email )

2621 Carpenter Ave.
Des Moines, IA 50311
United States

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