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Towards juristocracy: the origins and consequences of the new constitutionalism
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2004
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Comparative Constitutional LawConstitutional LawLawComparative Public LawRan HirschlInternational Constitutional LawInternational CourtConstitutional TheoryLegal TheoryInternational LawLegal PhilosophyComparative LawConventional WisdomNew ConstitutionalismLegal HistoryJudicial ReviewFederal Constitutional LawJusticePolitical ScienceConstitution
In countries and supranational entities around the globe, constitutional reform has transferred an unprecedented amount of power from representative institutions to judiciaries. The constitutionalization of rights and the establishment of judicial review are widely believed to have benevolent and progressive origins, and significant redistributive, power-diffusing consequences. Ran Hirschl challenges this conventional wisdom.