The History and Growth of Judicial Review, Volume 2

Abstract

This second volume builds on the story of Volume I as to the origins and growth of judicial review in the key G-20 constitutional democracies, which include the United States, the United Kingdom, France, Germany, Japan, Italy, India, Canada, Australia, South Korea, Brazil, South Africa, Indonesia, Mexico, and the European Union. In addition to discussing the judicial review systems of the major civil law countries in this Volume, I also discuss the birth and growth in power of the European Court of Justice and of the European Court of Human Rights, both of which hear cases ffrom common law as well as civil law countries. This Volume considers the four major theories that help to explain the origins of judicial review, which I discussed as to common law countries. Volume II identifies which theories of the origination and growth in power of judicial review apply best in the various countries discussed. Volume II considers not only what gives rise to judicial review originally, but also what leads to the growth of judicial power over time. My positive account of what causes the birth and growth of judicial review in so many very different countries over such a long period of time may have normative implications for those constitution writers who want a strong form of judicial review to come into being.