How does one explain the dramatic spread of judicial review after World War II, which culminated in a world-wide constitutional revolution during the 1990s? In order to explore this question, this Article first attempts to examine some methodological difficulties that regularly impede the study of constitutional transplants. It concludes with speculation about the relationship between the rise of judicial authority and the decline in the legitimacy of democratic institutions.
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Constitutional Transplants
Morton J Horwitz1
1Harvard Law School
Citation Information: Theoretical Inquiries in Law. Volume 10, Issue 2, Pages 535–560, ISSN (Online) 1565-3404, DOI: 10.2202/1565-3404.1225, June 2009
Publication History:
- Published Online:
- 2009-06-10
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