Essay example --

The role of courts and constitutional judicial review in constitutional structures. To understand any social value or goal is important to get the pulse of a certain society but standing alone tell us nothing about law and public policy outcomes, so the central question resides on institutional choice. The answer of how can a society know the outcome of a certain policy resides on the institution chosen to best carry out the protection of that policy. The strengths and weakness of one institution versus another vary from one set of circumstances to another and will let us measure the efficiency of that particular institution. Any constitutional framework is exposed to its own society’s goals and values evolution, but seeking to revise existing constitutions or establish new ones, as well as creating new legislation, one will always be exposed to the scrutiny of its people. That scrutiny is most of the times, in democratic regimes, established by a regime of judicial review. This practice, where courts are called upon to review a legislative act in order to determine its compliance with the constitutional framework, stems from the balance aimed by the separation of powers, granting the courts the monopoly of this review for reasons of independence and transparency. In order to understand the allocation of resources in this particular institution we have to understand the link between any society goals and values and that adjudicative process chosen, having done so, we should be able to understand the factors that make a social or law and public policy issue more or less attractive for judicial revie w with a comparative institution analysis comprehensive approach. The system of constitutional judicial review is the most common ins... ...nk will always be exposed to the several factors exposed and one’s ability to manage them is decisive to any major player in the institution at stake. In the constitutional framework the same constants and variables influence the link between policy and outcome but with some striking factors being more decisive: higher threshold access cost, limited scale, and judicial independence. To effectively revise or draft new constitutions or implement new legislation regarding fundamental rights one has to always consider all this factors, only doing so it is possible to generate harmony within a society, or else there will always be a big gap between various sectors of that society. Only by recognizing the heterogeneity of a certain society one can manage the variables that compose it and be effective on addressing fundamental values or rights. Antà ³nio Pinto de Mesquita