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Theoretical Inquiries in Law

Editor-in-Chief: Hannes, Sharon


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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

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Published Online:
2009-06-10

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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