Articlegreen2006

The New Constitutionalism and the Judicialization of Pure Politics Worldwide

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Comparative constitutional jurisprudence studies Judicial and Constitutional Studies Comparative and International Law Studies

Abstract

What explains where, when and how the judicial imagination travels in its search for comparative reference? Possible answers emanate from: (i) historical accounts of engagement with the constitutive laws of others that examine episodes of selective constitutional borrowing and reference; (ii) comparative public law scholarship that stresses the significance of various structural and disciplinary elements, most notably legal training, legal tradition and linguistic capacity, in elucidating patterns of transnational judicial dialogue; and (iii) from social science accounts that stress the significance of strategic and socio-political factors in explaining selective judicial engagement with the constitutive laws of others. In this chapter, I elucidate the main findings and assess the contribution of each of these approaches.

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Cited by

2012A Tale of Two Courts: The Judicialization of Electoral Politics in Asia 2018Countermajoritarian, Representative, and Enlightened: The roles of constitutional tribunals in contemporary democracies 2012Constituição, Democracia e Supremacia Judicial: Direito e Política no Brasil Contemporâneo 2012Judicialização da política e controle judicial de políticas públicas 2016Judicialization of Environmental Policy and the Crisis of Democratic Accountability 2014Governance, Courts and Politics in Asia 2017Judicialization and Health Policy in Colombia: The Implications for Evidence‐Informed Policymaking

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