Three Systems of Judicial Review

Abstract

Judicial review as an instrument in pursuit of constitutionalism must be understood in relation to its particular constitutional system. One can only hope to understand the feature of review and its contours by grasping the context against which it came to develop and function. This chapter charts the state of the judicial review of legislation in the United Kingdom, the Netherlands and South Africa, mindful of each country’s background and legal system. The resulting overview will be used in later chapters to further study review as a means of controlling power.