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Politico-Legal Dynamics of Judicial Review, The: A Comparative Analysis
Published by Cambridge University Press
Provides a comparative analysis of the ideational dimension of judicial review and its potential contribution to democratic governance.
Comparative scholarship on judicial review has paid a lot of attention to the causal impact of politics on judicial decision-making. However, the slower-moving, macro-social process through which judicial review influences societal conceptions of the law/politics relation is less well understood. Drawing on the political science literature on institutional change, The Politico-Legal Dynamics of Judicial Review tests a typological theory of the evolution of judicial review regimes - complexes of legitimating ideas about the law/politics relation. The theory posits that such regimes tend to conform to one of four main types - democratic or authoritarian legalism, or democratic or authoritarian instrumentalism. Through case studies of Australia, India, and Zimbabwe and a comparative chapter analyzing ten additional societies, the book then explores how actually-existing judicial review regimes transition between these types. This process of ideational development, Roux concludes, is distinct both from the everyday business of constitutional politics and changes to the formal constitution.
1. Preliminaries; 2. A typographical theory of JR-regime change; 3. Australian democratic legalism: constant cultural cause or path-dependent trajectory?; 4. From democratic legalism to instrumentalism: India's constitutional cultural transformation; 5. The post-colonial adaptation of authoritarian legalism in Zimbabwe; 6. Testing the typological theory; 7. Findings and implications.
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