The Global Expansion of Constitutional Judicial Review: Some Historical and Comparative Perspectives

17 Pages Posted: 2 Feb 2013 Last revised: 14 Mar 2013

See all articles by Albert H. Y. Chen

Albert H. Y. Chen

The University of Hong Kong - Faculty of Law

Date Written: January 1, 2013

Abstract

Modern constitutional law has developed various means of supervising and guaranteeing the effective implementation of the constitution. The principal means of judicial control of constitutionality is judicial review of the constitutionality of legislation enacted by Parliament, or constitutional judicial review. This has become a dominant feature of modern constitutionalism, and recent decades have seen a global expansion of such judicial review mechanisms. This article considers the phenomenon and institution of constitutional judicial review from historical and comparative perspectives. The different models, structures and forms of constitutional judicial review are discussed with reference to the historical contexts in which they have evolved, their modes of operation and their underlying rationales. The possible tension between constitutional judicial review and democracy is also considered.

Keywords: constitutional law, judicial review, constitutionalism

Suggested Citation

Chen, Albert H. Y., The Global Expansion of Constitutional Judicial Review: Some Historical and Comparative Perspectives (January 1, 2013). University of Hong Kong Faculty of Law Research Paper No. 2013/001, Available at SSRN: https://ssrn.com/abstract=2210340 or http://dx.doi.org/10.2139/ssrn.2210340

Albert H. Y. Chen (Contact Author)

The University of Hong Kong - Faculty of Law ( email )

Pokfulam Road
Hong Kong, Hong Kong
China

HOME PAGE: http://hub.hku.hk/rp/rp01240

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