This chapter focuses on the evolution of systems of constitutional justice since 1787. It first provides an overview of key concepts and definitions, such as constitution, constitutionalism, and rights, before presenting a simple theory of delegation and judicial power. In particular, it explains why political elites would delegate power to constitutional judges, and how to measure the extent of power, or discretion, delegated. It then considers different kinds of constitutions, rights, models of constitutional review, and the main precepts of ‘the new constitutionalism’. It also traces the evolution of constitutional forms and suggests that as constitutional rights and review has diffused around the world, so has the capacity of constitutional judges to influence, and sometimes determine, policy outcomes.
Alec Stone Sweet
Nuno Garoupa and Pedro C. Magalhães
This chapter focuses on the constitutions of European countries as well as on the mechanisms in place to interpret and enforce them. It starts by defining ‘constitution’. It then proceeds to a discussion about the role of courts and constitutional review of legislation. Focusing in particular on centralized constitutional review, it describes the variety of powers enjoyed by contemporary constitutional courts. Existing mechanisms for litigation and judicial appointment are also considered. Finally, it addresses the existing empirical evidence about both judicial behaviour in such courts and their political impact. The chapter concludes with an examination of current trends in the direction of supranational constitutionalism and constitutional review.
This chapter examines Edmund Burke's political thought. It first provides a short biography of Burke before discussing the three main interpretations of him: first, as a utilitarian; second, in relation to natural law; and the third, which attempts to bring together the two antithetical interpretations. It argues that even though Burke has elements of utilitarianism in his thought, and although he subscribes to natural law and universal principles, both somehow have to coincide in the traditions and institutional practices of a community. On the question of political obligation, although he uses the language of contract, it is clear that Burke does not subscribe to its central tenets. The chapter proceeds by exploring Burke's views on sovereignty, constitutionalism, colonialism, and slavery.