Open AccessDynamic Reflections on Constitutional Justice
Author(s) -
Roberto Scarciglia
Publication year - 2014
Publication title -
beijing law review
Language(s) - English
Resource type - Journals
eISSN - 2159-4627
pISSN - 2159-4635
DOI - 10.4236/blr.2014.52012
Subject(s) - constitutional law , law , consciousness , supreme court , political science , constitutional court , economic justice , judicial review , field (mathematics) , sociology , epistemology , constitution , philosophy , mathematics , pure mathematics
This article attempts to propose critical reflections on “historical” models of Constitutional Review.The gradual depletion of the simplified classification system of constitutional review has been\udidentified, by some scholars, as a failure of the bipolar American-European model. This means that it is necessary to rethink the approach to analysing constitutional review, in light of legal traditions, positive law within legal systems, and comparative methodologies. Consequently, judicial\udreview could be studied according to the internal perspectives of the Supreme and Constitutional\udCourts’ decision-making processes, rather than externally observable legal characteristics. As of\udrecently, legal studies have been converging with other sciences, such as cognitive science. They have been considering the relationship between consciousness and comparison, and even the field of cognitive errors in judgment, and the development of decisions taken by Courts