What Kind of Judicial Review for a Small, Post-Communist European Constitutional Democracy?

Abstract

Abstract The proposal for a new approach to judicial review in Rosalind Dixon’s book Responsive Judicial Review: Democracy and Dysfunction in the Modern Age builds on the ideas of John Hart Ely presented in his seminal work Democracy and Distrust. The purpose of this article is to engage with the idea of the responsive approach to judicial review being embraced by the Slovenian constitutional court. The article purports to contribute to a larger effort – to a comparative and sociologically informed discussion on judicial review in different jurisdictions that aims to predict the potential of responsive judicial review in Central and Eastern European courts.