Judicial Review Around the World

Judicial review is the power of courts to strike down laws or government actions that violate the constitution. In the United States it was asserted by the Supreme Court in Marbury v. Madison (1803), and any federal court can hear constitutional claims, a 'decentralized' model. In 1920 Austria, drawing on the jurist Hans Kelsen, created a specialized constitutional court, a 'centralized' model later adopted by Germany, Italy, Spain, South Africa and many others.

Other systems limit review: the UK Supreme Court cannot strike down Acts of Parliament, though it can declare them incompatible with human rights law. Supporters argue that review protects rights and minorities from temporary majorities. Critics call it 'counter-majoritarian', since unelected judges overrule elected legislatures. How a country handles this tension tells us much about where it locates final authority: in parliament, in the constitution or in the courts.