The Global Spread of Constitutional Review

Oxford Handbook of Law and Politics (Keith Whittington and Daniel Keleman, eds., 2008).

20 Pages Posted: 28 Aug 2014

See all articles by Tom Ginsburg

Tom Ginsburg

University of Chicago Law School

Date Written: 2008

Abstract

Constitutional review, the power of courts to strike down incompatible legislation and administrative action, is an innovation of the American constitutional order that has become a norm of democratic constitution writing. Whereas before World War II, only a small handful of constitutions contained provisions for constitutional review, as of this writing, 158 out of 191 constitutional systems include some formal provision for constitutional review. Some political systems, such as the United States, have developed vigorous constitutional review even without an explicit textual mandate. How did this institution, whose democratic foundations are so often questioned in its birthplace, become a norm of democratic constitution writing?

Suggested Citation

Ginsburg, Tom, The Global Spread of Constitutional Review (2008). Oxford Handbook of Law and Politics (Keith Whittington and Daniel Keleman, eds., 2008)., Available at SSRN: https://ssrn.com/abstract=2487330

Tom Ginsburg (Contact Author)

University of Chicago Law School ( email )

1111 E. 60th St.
Chicago, IL 60637
United States

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