Chapter 22 International judicial review
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International judicial review plays a central role in constitutionalizing the global order as it opens up the possibility of reviewing the actions of states from a perspective of international constitutionality, based on rule of law and protection of rights considerations, rather than from a perspective of bilateral and private promises between states. International judicial review, however, exists in different forms and shades in international law. These range from human rights-based judicial review carried out by regional human rights courts to judicial review based on the rule of law requirements of free-trade exercised by the World Trade Organization. Standards of judicial review too are diverse, ranging from lenient to strict review. This chapter surveys the implications of emerging practices of international judicial review for global constitutionalism by focusing on the central differences between judicial review in domestic and international contexts, the diverse forms of judicial review exercised by courts on the international plane and the core objections to international judicial review by international courts.

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