Topic > Courts and constitutional judicial review in...

The role of courts and constitutional judicial review in constitutional structures. Understanding any social value or goal is important to have a finger on the pulse of a certain society, but results alone do not tell us anything about it in terms of law and public policy, so the central question lies in institutional choice. The answer to how a society can know the outcome of a given policy lies in the institution chosen to best implement the protection of that policy. The strengths and weaknesses of one institution relative to another vary from one set of circumstances to another and will allow us to measure the efficiency of that particular institution. Any constitutional framework is exposed to the objectives and evolving values ​​of its society, but seeks to revise existing constitutions or establish new ones, as well as create new legislation, one will always be exposed to the scrutiny of its citizens. This control is in most cases, in democratic regimes, established by a regime of judicial control. This practice, according to which the courts are called upon to review a legislative act to verify its compliance with the constitutional framework, derives from the balance sought by the separation of powers, granting the courts a monopoly on this control for reasons of independence and transparency. To understand the allocation of resources in this particular institution we must understand the link between the goals and values ​​of the society and the chosen decision-making process, having done so, we should be able to understand the factors that make a system social or legal and public matter more or less attractive policy for judicial control with a global approach of comparative analysis of the institutions. The system of constitutional judicial review is the ins...... half of the document ......nk will always be exposed to the different factors exposed and the ability to manage them are decisive for any important actor in the institution at stake. In the constitutional framework the same constants and variables influence the link between policy and outcomes, but with some surprising factors that are more decisive: higher entry cost threshold, limited scale and judicial independence. To effectively review or draft new constitutions or implement new laws on fundamental rights, all these factors must always be considered. Only in this way is it possible to generate harmony within a society, otherwise there will always be a large gap between the various sectors of that society. . Only by recognizing the heterogeneity of a given society is it possible to manage the variables that compose it and be effective in addressing fundamental values ​​or rights. António Pinto de Mesquita