TITLE:
Dynamic Reflections on Constitutional Justice
AUTHORS:
Roberto Scarciglia
KEYWORDS:
Constitutional Justice, Judicial Opinions, Neuroscience and Law
JOURNAL NAME:
Beijing Law Review,
Vol.5 No.2,
June
23,
2014
ABSTRACT: This article
attempts to propose critical reflections on “historical” models of Constitutional
Review. The gradual depletion of the simplified classification system of constitutional
review has been identified, by some scholars, as a failure of the bipolar American-European
model. This means that it is necessary to rethink the approach to analysing constitutional review, in light of
legal traditions, positive law within legal systems, and comparative methodologies.
Consequently, judicial review could be studied according to the internal perspectives
of the Supreme and Constitutional Courts’ decision-making processes, rather than
externally observable legal characteristics. As of recently, legal studies have
been converging with other sciences, such as cognitive science. They have been considering
the relationship between consciousness and comparison, and even the field of cognitive
errors in judgment, and the development of decisions taken by Courts.