Critical Analysis of Law Workshop: Doreen Lustig

CRITICAL ANALYSIS OF LAW WORKSHOP
presents

Doreen Lustig
Tel Aviv University Faculty of Law

Judicial Review in the Contemporary World: Retrospective and Prospective
(co-authored with Joseph H. H. Weiler) 

Tuesday September 25, 2018
12.30 – 2.00 pm
Solarium (room FA2), Falconer Hall
84 Queen’s Park

Our purpose in this Foreword article is to revisit, update, and theoretically revise Mauro Cappelletti’s path-breaking work Judicial Review in the Contemporary World. Our main cartographical device, in homage to Cappelletti, is the wave metaphor. We map three sequential and overlapping worldwide, global waves of judicial review within a constitutional order. The first wave is the series of “constitutional revolutions” within national legal orders. The second wave is the emergence of international law as the source of the higher law which courts use in their exercise of their power of judicial review. The third wave is a response and reaction to the first and second waves: one dimension of the third wave is the attempt of domestic courts to make up for the rule of law, democratic and identitarian lacunae in transnational governance (voice). Another dimension—exit—is the set of instances in which courts (and states) seek to exit the first and/or the second wave. The interplay between the waves and their dialectical features constitute the explanatory framework we offer in this article. By highlighting the dialectical relations within and between waves we hope to challenge a dominant narrative on constitutionalization processes as progressive and evolutionary. 

Doreen Lustig is a Senior Lecturer at Tel Aviv University Faculty of Law since 2012. She obtained her JSD and LLM from New York University School of Law. Prior to her graduate studies, Doreen served as a law clerk to Justice E. Rivlin of the Israeli Supreme Court. She publishes in the fields of  history and theory of international law and comparative constitutional law. Her book The International Veil of Corporations: History and Theory of International Corporate Regulation  is forthcoming with OUP in 2019.  

A light lunch will be provided. 

For more workshop information, please send an email to events.law@utoronto.ca