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ERIC Number: EJ1118888
Record Type: Journal
Publication Date: 2016
Pages: 12
Abstractor: As Provided
ISSN: EISSN-1306-3065
Iberian (South American) Model of Judicial Review: Toward Conceptual Framework
Klishas, Andrey A.
International Journal of Environmental and Science Education, v11 n16 p8991-9002 2016
The paper explores Latin American countries legislation with the view to identify specific features of South American model of judicial review. The research methodology rests on comparative approach to analyzing national constitutions' provisions and experts' interpretations thereof. The constitutional provisions of Brazil, Peru, Mexico, and Ecuador are taken as core examples to compare the relevant procedure with Anglo-Saxon and European models of judicial review. The paper underlines that within the traditional separation of powers (i.e. legislative, executive and judicial), each of the respective branches conducts supervision and review functions to a particular extent. The text covers some examples regarding the head of the state, the supreme legislative body activities in this respect, and goes further to explore the nature of the phenomenon under study, taking into account that the majority of Latin American countries supported the organizational structure of judiciary operating in line with the separation of powers and also grant their courts of general jurisdiction the right of review for constitutionality and legality. The comparative analysis of national constitutions' provisions and scholars' interpretations has led to a number of conclusive statements regarding distinctive features of constitutional supervision and judicial review procedure in the South American legal tradition.
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Publication Type: Journal Articles; Reports - Research
Education Level: N/A
Audience: N/A
Language: English
Sponsor: N/A
Authoring Institution: N/A
Identifiers - Location: Brazil; Ecuador; Mexico; Peru
Grant or Contract Numbers: N/A