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3 J. Comp. L. 1 (2008)
Constitutional Courts: Forms, Functions and Practice in Comparative Perspective: Guest Editorial

handle is hein.journals/jrnatila3 and id is 360 raw text is: ANDREW HARDING, PETER LEYLAND AND TANIA GROPPI

Constitutional Courts: Forms,
Functions and Practice in
Comparative Perspective
ANDREW HARDING, PETER LEYLAND, AND TANIA GROPPI *
INTRODUCTION
The purpose of this Special Issue of the JCL is to examine comparatively specialist
constitutional courts that have been set up in many countries across the world, particularly
in the last two decades. Following this editorial essay are 14 studies which deal with the
experience of a particular country or in some cases a group of countries in geographical
proximity. This is a task which has not been previously undertaken in an English language
publication, so far as we are aware, except for excellent studies of constitutional courts
in Europe by Wojciech Sadurski,2 and East Asia by Tom Ginsburg,3 both of whom have
contributed to this Special Issue.4 Rather than striving for comprehensive coverage in a
descriptive sense the contributions seek to provide selectively an evaluation of the pivotal
characteristics of these courts. The articles in the Special Issue are structured to ensure
that the reader can at least obtain an overview of the major part of global experience
of these courts and sample some of the most instructive cases. The country-studies are
all comparative, although to various extents and in various respects. Some compare
across a particular region such West Africa or Central and Eastern Europe, while others
concentrate on one country's experience only; but in all cases the contributors indicate
awareness of general issues and experiences beyond their particular country or region,
* Professor ofAsia-Pacific Law, University of Victoria, Canada; Professor of Public Law, London Metropolitan
University, UK; Professor of Public Law, University of Siena, Italy, respectively.
1 The Guest Editors wish to express their sincere thanks to the Journal of Comparative Law, and in particular
to the present and former Editors for their encouragement and facilitation of this Special Issue; and to Justin
Frosini for his unstinting help and advice and Joana Thackeray for her assistance.
2 Sadurski, W (2002) Constitutional Justice East and West: Democratic Legitimacy and Constitutional Courts in Post-
Communist Europe in a Comparative Perspective, Kluwer; and (2005) Rights Before Courts: a Study of Constitutional
Courts in Post-Communist States of Eastern and Central Europe, Springer.
I Ginsburg, T (2003) Judicial Review in New Democracies: Constitutional Courts in Asian Cases, Cambridge UP; see
also Ramos, F (2006), 'The Establishment of Constitutional Courts: A Study of 128 Democratic Constitutions',
Review of Law & Economics: Vol. 2: Iss.1, Article 6, available at: http://www.bepress.com/rle/vol2/iss1/art6.
4 Let us not overlook Arne Mavcic's compendious and very helpful work: Mavcic, A (2001), The Constitutional
Review Bookworld Publications.

JCL 3:2    1

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