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Who Guards the Guardians?
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This chapter examines constitutional adjudication as a mechanism designed to ensure that the constitution is properly observed. It begins with an overview of the development of constitutional review power and its prevailing modalities around the globe, focusing primarily on the emergence of specialized constitutional courts. It describes models and variations of constitutional review, along with the politics of apex courts. Turning to the constitutional review of legislation, the chapter considers what interpreting a constitution means in practice and whether fears of judicial self-aggrandizement through constitutional interpretation are justified. Finally, it discusses accusations of judicial activism and deference levelled against apex courts as well as the mounting opposition to judicial review.
Title: Who Guards the Guardians?
Description:
This chapter examines constitutional adjudication as a mechanism designed to ensure that the constitution is properly observed.
It begins with an overview of the development of constitutional review power and its prevailing modalities around the globe, focusing primarily on the emergence of specialized constitutional courts.
It describes models and variations of constitutional review, along with the politics of apex courts.
Turning to the constitutional review of legislation, the chapter considers what interpreting a constitution means in practice and whether fears of judicial self-aggrandizement through constitutional interpretation are justified.
Finally, it discusses accusations of judicial activism and deference levelled against apex courts as well as the mounting opposition to judicial review.
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