The ‘American’ (North American) model of constitutional review: Historical background and early development

The paper explores the impact of the continental system exerted on the constitutional and political evolution of both the United States and individual states and tries to characterize the development of constitutional review phenomenon within the framework of the continental legal system and the Anglo-Saxon legal system. The research stands on the comparative legal analysis methodology within a diachronically featured paradigm. The paper explores the ways through which the continental system could exert relevant impact on the constitutional and political evolution of both the United States and individual states. Further on the article traces the development of the concepts of constitutional review within the framework of the continental legal system and the Anglo-Saxon legal system. The above stages of the analysis allowed the author to outline the specifics, nature of the essence of judicial review in the context of axiological analysis of public activities. The study concludes that judicial review is used to elucidate to what extent a rule of conduct complies with the safeguards of human and civil rights and liberties set out in a specific country. © 2016 Klishas