Chapter 7 Judicial Review of Legislation in Portugal: Genealogy and Critique

In: Comparative Constitutional History
Gonçalo de Almeida Ribeiro
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This chapter offers both a genealogy and a critique of the Portuguese system of judicial review of legislation, which blends elements of American-style diffuse control carried out by the ordinary courts and European-style concentrated control carried out by a specialized constitutional court. The genealogy suggests an unorthodox explanation of the peculiarly mixed character of the system. The critique identifies three principal flaws of the system and argues that it should be reformed.

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Comparative Constitutional History

Volume One: Principles, Developments, Challenges