The Concentrated and Hybrid Models of Judicial Review

Abstract

This chapter examines the two models of judicial review that exist in the civil law countries: the Concentrated Model and the Hybrid Model. The Concentrated Model of judicial review is built around the idea that what judges do when they enforce constitutions and Bills of Rights is inherently political and nonjudicial. For this reason, a separate Constitutional Court is created outside the ordinary judicial system, and is the only entity with the power of judicial review. The power of judicial review of Constitutional Courts is conceived as being a power to make the law and not simply to interpret it. Hence, a Constitutional Court in a civil law country is, essentially, a fourth branch of the government. Meanwhile, many countries, especially in Latin America, have developed distinct Hybrid Models of judicial review. The country of Brazil can be considered as the archetypal Hybrid Model. Brazil’s Hybrid Model of judicial review consists of a very complex system full of institutional mechanisms that are meant to enforce the Constitution. The Brazilian system combines features from both the Concentrated and the Diffuse Models hence the term Hybrid Model.