Comparative Judicial Review

Edited by Erin F. Delaney, Leverhulme Professor of Comparative Constitutional Law, University College London, UK and Rosalind Dixon, Anthony Mason Professor and Scientia Professor of Law, UNSW Sydney, Australia

'A more comprehensive or state-of-the-art advanced introduction to comparative judicial review is impossible to imagine. With authoritative but concise contributions from the leading comparative constitutionalists and political scientists in the field, this extraordinarily valuable volume takes an interdisciplinary, global, and transnational approach in addressing the key questions surrounding constitutional courts, and explores them with an unusual sensitivity to social and political context. A uniquely useful one-stop shop for students and scholars alike.'--Stephen Gardbaum, University of California, Los Angeles, School of Law, US'Our understanding of the institutions of constitutional/judicial review has deepened dramatically over the past generation. This collection of essays by some of the world's most sophisticated analysts of constitutional review provides an overview of what we know. It pushes the research agenda forward by using interesting and provocative theoretical perspectives - from law, political science, and normative political theory - on constitutional review to offer thoughtful new claims. Simultaneously a handbook and a valuable collection of new insights, Comparative Judicial Review deserves a place on the bookshelf of every serious scholar in the field.'--Mark Tushnet, Harvard Law School, US

• Contents:1. IntroductionErin F. Delaney and Rosalind DixonPart I The Origins and Functions of Judicial Review2. The Real Case for Judicial Review Alon Harel and Adam Shinar3. Constitutions as Political Insurance: Variants and Limits Rosalind Dixon and Tom Ginsburg4. Comparative Constitutional Law as a Window on Democratic InstitutionsSamuel Issacharoff5. The Origins and Growth of Judicial Enforcement Steven Gow CalabresiPart II The Political and Institutional Contexts for Judicial Review6. Interpreting Constitutions in Divided Societies Hanna Lerner7. Judicial Review in the Context of Constitutional Islam Salma Waheedi and Kristen Stilt8. New Judicial Roles in Governance Robert A. Kagan, Diana Kapiszewski and Gordon Silverstein9. Competition or Collaboration: Constitutional Review by Multiple Final CourtsWen-Chen Chang and Yi-Li LeePart IIIThe Stability and Effectiveness of Judicial Review10. Judicial Review as a Self-Stabilizing Constitutional Mechanism Tonja Jacobi, Sonia Mittal and Barry R. Weingast11. Losing Faith in Law’s Autonomy: A Comparative AnalysisTheunis Roux12. Courts and Support Structures: Beyond the Classic Narrative David Landau13. National Perspectives on International Constitutional Review: Diverging OpticsKaren J. Alter14. Efficacious Judging on Apex Courts Lee Epstein and Jack Knight15. Limiting Judicial DiscretionMila Versteeg and Emily ZackinPart IV Operationalizing Judicial Review: Typologies, Doctrines and Methodological Challenges16. Beyond Europe and the United States: The Wide World of Judicial ReviewVirgílio Afonso da Silva17. Judicial Review and Public ReasonWojciech Sadurski18. Pockets of Proportionality: Choice and Necessity, Doctrine and PrincipleVicki C. Jackson19. Comparative Approaches to Constitutional HistoryJamal Greene and Yvonne Tew20. Judicial Review and the Politics of Comparative Citations: Theory, Evidence and Methodological ChallengesRan HirschlIndex