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Comparative Judicial Review and Constitutional Politics

Published online by Cambridge University Press:  18 July 2011

Donald P. Kommers
Affiliation:
University of Notre Dame
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Abstract

The rapid spread of judicial review around the world has resulted in several studies of constitutional courts in various countries. Because of their differing methodological approaches and analytical frameworks, these studies are of limited theoretical value and, in some instances, only incidentally relevant to politics. Nevertheless, they constitute a foundation on which to build a meaningful and unified body of knowledge in the developing field of comparative judicial politics. Three research directions are proposed as a means of accomplishing this objective: to classify judicial review on a worldwide basis and chart its relation to legal and political variables; to systematically study the political roles of courts of judicial review in individual countries; and to embark upon cross-cultural studies of constitutional doctrine.

Type
Review Articles
Copyright
Copyright © Trustees of Princeton University 1975

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References

1 Mcllwain, Charles Howard, Constitutionalism Ancient and Modem (Ithaca, N.Y. 1947)Google Scholar.

2 Bracher, Karl Dietrich, Die Auflösung der Weimarer Republik (Villingen-Schwarzwald 1964), 193Google Scholar.

3 Lijphart, Arend, “Comparative Politics and the Comparative Method,” American Political Science Review, LXV (September 1971), 682-83CrossRefGoogle Scholar.