Classifying Systems of Constitutional Review: A Context-Specific Analysis

Modern constitutional drafters and advisors increasingly use judicial review classifications and the current model for classification does not accurately capture constitutional review in Latin America. This paper proposes context-specific classification that can accurately capture constitutional review in the Latin American region. Specifically, this paper argues that the context-specific analysis suggests that the more salient point of classification in Latin America is that of access mechanisms to constitutional courts. As such, the paper proceeds in four parts: Part I examines the traditional model of classification in Europe and focuses on the Spanish and German direct access mechanisms. Part II explores the mosaic Latin America with a particular focus on the Colombian, Brazilian, and Mexican direct access mechanisms. Part III argues that a context-specific analysis that starts categorizing judicial review with Latin America draws out access to constitutional courts and objects of review as the most salient point for classification. The Part also considers how European countries would be classified in light of the Latin American classifications. Finally, Part IV contemplates lessons for future classification in light of the importance of context-specific analyses