Evidence-based judicial review of legislation: some introductory remarks

Abstract

ABSTRACTThis article is an introduction to the special issue on evidence-based review by constitutional and supreme courts. It discusses the emergence and future development of this still understudied part of judicial review, which seems to be a corollary of evidence-based legislation. Since growing emphasis on legislative facts and prognoses by the judiciary is not an exception, but part of a trend, encompassing many constitutional states as well as transnational and international adjudicative bodies, such as the European Court of Justice, the European Court of Human Rights and the WTO Dispute Settlement Bodies, this issue unites contributions from different countries, focusing on multiple problems related to the topic of evidence-based review. The editor’s preface designates several key issues and introduces the contributions to this special edition.