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MENACHEM HOFNUNG Th e Unintended Consequences of Unplanned Constitutiona l Reform: Constitutional Politics i n Israel INTRODUCTION The power of courts to engage in constitutional politics and to apply judicial review is based, in most cases, on a grant of formal authority to do so an d on a n expansion of tha t capacity by th e courts. Is it possible then, tha t a formal grant of judicial review may lead to a consequent reduction in the judiciary power to engage in constitu tional politics? Since 1945, man y states in Western Europe, Asia and Latin America have established or reestablished constitutional courts with review powers. This power of review enables th e courts to determine th e acceptability of a given law or other official action on grounds of incompatibility with constitutional norms. These court powers are used today more frequently than before to strike down laws and ad ministrative actions. European governments, parliaments, and ad ministrators interact differently as a resul t of thi s judicial activity. In thei r comparative study, Shapiro and Stone show how th e language, th e style, and th e outcomes of Europea n policy processes are now dif
American Journal of Comparative Law – Oxford University Press
Published: Oct 1, 1996
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