Constitutional Review

Abstract

Constitutional review has been studied by legal scholars, economists, political scientists, and other social scientists. In this chapter, the author reviews the theory and practice of constitutional review around the world, taking into account institutional variations, judicial politics, and recent empirical evidence. Ideology plays an important role in constitutional interpretation. However, constitutional judges face a multiplicity of additional goals that dilute their party alignment. Current empirical work on constitutional review seems to confirm such a theory. Understanding the politicization of the courts usually follows a more complex framework than a simple conservative–progressive division.