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Why Europe Rejected American Judicial Review - And Why It May Not Matter, Alec Stone Sweet
Why Europe Rejected American Judicial Review - And Why It May Not Matter, Alec Stone Sweet
Michigan Law Review
In this Article, I explore the question of why constitutional review, but not American judicial review, spread across Europe. I will also argue that, despite obvious organic differences between the American and European systems of review, there is an increasing convergence in how review actually operates. I proceed as follows. In Part I, I examine the debate on establishing judicial review in Europe, focusing on the French. In Parts II and III, I contrast the European and the American models of review, and briefly discuss why the Kelsenian constitutional court diffused across Europe. In Part IV, I argue that despite …
Historical Lights From Judicial Decisions, Edward Cahill
Historical Lights From Judicial Decisions, Edward Cahill
Michigan Law Review
The history of a nation is to be looked for in a great variety of places. Its traditions, its public and private records, its religious and social orders, its literature and its laws, each yield copious results to the researches of the historian. The social, religious and economic conditions of a nation at any period of its history, the state of the· domestic relations, the rights of property and of succession, the growth of personal liberty, all these and many more find their accurate expression sooner or later, in the written or unwritten laws of the land. And the movement …