To put the point somewhat strongly for emphasis, the U.S. system of judicial review is now something of an outlier among systems of constitutional review. In this Essay, I consider three aspects of such systems: the structures of review, the theories of review, and the forms of review. My aim is primarily one of description, aiming to highlight the ways in which the U.S. system resembles and differs from the newer systems of judicial review. The U.S. system of judicial review has close-and more distant-relatives in each of these categories. However, the U.S. system remains distinctive in that it combines particular elements into an overall system that is nearly unique in the world.
71 Tenn. L. Rev. 251-274 (2004)
Scholarly Commons Citation
Tushnet, Mark V., "Marbury v. Madison Around the World" (2004). Georgetown Law Faculty Publications and Other Works. Paper 260.