Comparative Constitutional Justice adopts an innovative approach to
constitutional justice. From a methodological perspective, it
assumes that it is impossible to apply an absolute criterion of
classification, which depends on the purposes comparative scholars
aim to achieve when delivering their own taxonomies. A broad
definition of constitutional justice is adopted, which revolves
around the following taxonomy: 1) the legality of norms, 2) the
conformity of actors' behaviours with the distribution of sovereign
powers and 3) the compliance with international covenants on human
rights. This tripartite classification complements a further
criterion based on the graduation in the intensity of this review.
This indeed ranges from a minimum scrutiny limited to legislation
('nomocratic review') to a maximum scrutiny encompassing all state
activities ('pantocratic review'). The proposed classification will
provide readers with a critical toolbox when it comes to examining
the pluralism which characterises the systems of constitutional
adjudication around the world.
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