Foreign judges play an important role in the constitutional or apex courts of a range of countries. Comparative constitutional scholars, however, have to date paid limited attention to this phenomenon of “internationalized“ or “hybrid“ constitutional courts. This article thus addresses this gap in comparative constitutional scholarship by providing a general framework for understanding the potential...
Tag: <span>Rosalind Dixon</span>
The core case for weak form judicial review
This paper contributes to debates over the democratic desirability of judicial review, by stating a quasi-general case for the desirability of judicial review that is “weak“–or broad but non-final–rather than “strong“-form in nature. Judicial review of this kind, the paper argues, can help counter blockages in the legislative process–such as legislative “blind spots“ and “burdens...
Abusive Judicial Review
Much recent work has focused on the ways in which liberal democratic constitutionalism can be eroded from within, including by manipulating law and the tools of constitutional change. Courts are often seen as an indispensable protection for a democratic constitutional order, and there are indeed examples of courts guarding against abusive forms of constitutional and...