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da Silva, Virgílio Afonso --- "Beyond Europe and the United States: the wide world of judicial review" [2018] ELECD 775; in Delaney, F. Erin; Dixon, Rosalind (eds), "Comparative Judicial Review" (Edward Elgar Publishing, 2018) 318

Book Title: Comparative Judicial Review

Editor(s): Delaney, F. Erin; Dixon, Rosalind

Publisher: Edward Elgar Publishing

ISBN: 9781788110594

Section: Chapter 16

Section Title: Beyond Europe and the United States: the wide world of judicial review

Author(s): da Silva, Virgílio Afonso

Number of pages: 19

Abstract/Description:

This chapter calls for the abandonment of the simplistic dichotomy currently used to describe any system of judicial review—the “United States” or “European” models of judicial review. Drawing on extended examples from France, Brazil, Portugal, and the United States, as well as a survey of many other countries, the author argues that countries can be classified deceptively under the current schema. And, even when systems are categorized correctly, such a dualistic perspective ignores other, potentially more important, differences between systems such as differences in timing, appointment of judges, composition of the bench, term, access to the court, deliberation and decision-making processes, and effects of the court’s decisions. The chapter concludes by calling for an exploration of typologies which can move from the current dualism to a more expansive classificatory vocabulary in order to foster richness of discussion and research.