Federalism and constitutional Judicial Review in Mexico and the united states: a Normative Assessment of two Different Jurisdictional schemes

David García Sarubbi

Abstract

This article argues that in federalist systems constitutional interpretation should be decentralized so that it is shared equally by federal and state level courts. It is commonly accepted that democracy and pluralism are two grounds for a federal system, since they allow experimentation in sub-national parts of the country and allow the legal system to reflect local differences. However, this rationale is often not extended to defend the decentralization of constitutional interpretation. The goal of this article is to present an argument in favor of this extension. Specifically, it explores the cases of Mexico and the United States, two federalist regimes which have resolved differently the issue of constitutional adjudication.

Keywords

Constitutional law; judicial review; federalism; comparative law; Mexico; United States; pluralism; democracy

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