Jump to ContentJump to Main Navigation
Constitutional Courts and Democratic ValuesA European Perspective$
Users without a subscription are not able to see the full content.

Victor Ferreres Comella

Print publication date: 2009

Print ISBN-13: 9780300148671

Published to Yale Scholarship Online: October 2013

DOI: 10.12987/yale/9780300148671.001.0001

Show Summary Details
Page of

PRINTED FROM YALE SCHOLARSHIP ONLINE (www.yale.universitypressscholarship.com). (c) Copyright Yale University Press, 2022. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in YSO for personal use.date: 19 May 2022

The Justification of Constitutional Review

The Justification of Constitutional Review

The Sketch of an Argument

(p.29) Chapter Four The Justification of Constitutional Review
Constitutional Courts and Democratic Values

Víctor Ferreres Comella

Yale University Press

This chapter shows how easy it is to defend the institution of judicial review of legislation when it operates within the field of federalism. In politically decentralized polities, the laws enacted by the state legislative assemblies often clash with the laws of the federation. Since it is not reasonable to permit each level of government to decide the limits of its own authority, the intervention of an external institution like the judiciary seems justified. Constitutional review acquires “the utmost importance” in federal states, according to Hans Kelsen. Indeed, as in America, judicial review in many European nations emerged as a technical solution to the legislative collisions that decentralized political systems inevitably generate. In more modern times, however, judicial review came to play a key role in the domain of fundamental rights.

Keywords:   federalism, politically decentralized polities, state legislative assemblies, judiciary, technical solution, legislative collisions, fundamental rights

Yale Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.

Please, subscribe or login to access full text content.

If you think you should have access to this title, please contact your librarian.

To troubleshoot, please check our FAQs , and if you can't find the answer there, please contact us.