The Normative Dimension of the Three Waves of Judical Review

Abstract

The Author highlights one dimension of the essay wrote with Lustig, the normative dimension of the Three Wave model. He focuses on the normative gains of the Three Waves analyzing, e.g., the horizontal spread across the globe of judicial review; the manner in which the emergence of international norms as having a «constitutional value» even within domestic orders; the introduction of identity considerations into constitutional jurisprudence in the process of judicial review, especially in the confrontation between domestic and international norms and values. This understanding of the normativity of the Three Waves interacts, according to the Author, with several of the rich comments on our article in this symposium.