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Judicial review of supermajority rules governing courts’ own decision-making: A comparative analysis

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This article provides a comparative analysis of how courts have performed judicial review on supermajority rules governing courts’ decision-making. Through an empirical approach, covering the cases of the United States,… Click to show full abstract

This article provides a comparative analysis of how courts have performed judicial review on supermajority rules governing courts’ decision-making. Through an empirical approach, covering the cases of the United States, Peru and Poland, the article argues that the supermajority’s legal source and the chronology of its establishment may influence the court’s ability to review such rules and the case’s outcome. Finally, the article addresses the paradox of whether courts must apply the very provision they are tasked to review.

Keywords: comparative analysis; judicial review; review; supermajority rules; review supermajority; rules governing

Journal Title: Global Constitutionalism
Year Published: 2023

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