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Constitutional Review in the Member States of the EU‐28: A Political Analysis of Institutional Choices
Author(s) -
CastilloOrtiz Pablo
Publication year - 2020
Publication title -
journal of law and society
Language(s) - English
Resource type - Journals
SCImago Journal Rank - 0.263
H-Index - 48
eISSN - 1467-6478
pISSN - 0263-323X
DOI - 10.1111/jols.12210
Subject(s) - politics , political science , member states , authoritarianism , sovereignty , judicial review , fragmentation (computing) , order (exchange) , law and economics , constitutional review , constitutional law , law , sociology , economics , democracy , european union , international trade , finance , computer science , operating system
Literature in law and political science has suggested a number of factors explaining choices on the implementation of constitutional review. However, so far little is known about how such factors combine in order to lead to different models of review. With the aid of configurational research, this article sheds light on that question for all countries of the current EU‐28. In this region, the Kelsenian model of specialized courts, the system of review by the judicial branch, and the model of parliamentary sovereignty still currently coexist. This article shows that phenomena such as the type of legal family of the country, an authoritarian past, or political fragmentation play a major role in choices of models of constitutional review. However, it is only when they combine that they are capable of leading to particular outcomes.