Calabresi on the Global Rise of Judicial Review

Steven G. Calabresi (Northwestern University – Pritzker School of Law) has posted The Global Rise of Judicial Review Since 1945 on SSRN.  Here is the abstract: This article discusses the global rise of judicial review of the constitutionality of legislation since 1945. It builds on Yale Law Professor Bruce Ackerman’s new book on The Rise of World Constitutionalism, Volume I (2018), which argues that there has been a global rise of written constitutions since 1945. I argue here that global written constitutions were plentiful between 1789 and 1945, but that all of those written constitutions outside of the United States, Canada, and Australia failed because none of them provided for judicial review of the constitutionality of legislation. Since 1945, all of the G-20 constitutional democracies have written constitutions with real system of checks and balances that are enforceable by courts against the national legislature using the power of judicial review.…

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