Comparative Judicial Review and Constitutional Politics
Donald P. Kommers
Abstract
Donald P. Kommers
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.
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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.
Key concepts: Politics, Doctrine, Judicial review, Political science, Foundation (evidence), Value (mathematics), Relation (database), Field (mathematics)