Judicial Review and Electoral Law in a Global Perspective

This book examines the global trend towards the substantive constitutional adjudication of electoral legislation, exploring the premises on which this judicial scrutiny is grounded, explaining the trend, and examining its consequences for representative democracy. It offers a comparative analysis of the issue, investigating how the exchange of models and arguments among judges has catalysed the progressive departure from a traditionally deferential approach to electoral norms. The authors critically discuss the varying ideas of democracy evident in each jurisdiction and analyse the effects of judgments on the relationship between courts, representative institutions, and voters.

Format: Hardback
Length: 392 pages
Publication date: 21 March 2024
Publisher: Bloomsbury Publishing PLC

This comprehensive book delves into the fascinating trend of substantive constitutional adjudication of electoral legislation across the world. It explores the underlying premises upon which this judicial scrutiny is grounded, seeks to explain the underlying dynamics driving this trend, and critically examines its implications for representative democracy. Through a comparative analysis, the book investigates how the exchange of models and arguments among judges has facilitated a progressive departure from a traditionally deferential approach to electoral norms, which still persists in certain jurisdictions.

To accomplish this, the book delves into the democratic foundations of electoral systems and their evolution, examining the methodological choices faced by constitutional judges when dealing with electoral legislation. This foundational work sets the stage for an in-depth review of case law in more than fifteen legal systems spanning North and South America, Africa, Asia, Oceania, and Europe. The objective is to identify the underlying concept of democracy that courts aim to promote.

The authors engage in a critical discussion of the diverse ideas of democracy evident in each jurisdiction, including the use of constitutional borrowing. They analyze the profound effects of judgments on the relationship between courts, representative institutions, and voters, highlighting the complex interplay between legal frameworks, political dynamics, and public opinion.

Given its global scope, the combination of theoretical and practical approaches, and the comprehensive comparative assessment it provides, this work appeals to academics in the fields of law, political science, and philosophy. It is also of immense relevance to policymakers and judges in constitutional democracies across continents, as it offers valuable insights into the evolving dynamics of electoral law and its impact on democratic governance.

Dimension: 234 x 156 (mm)
ISBN-13: 9781509957880