International judicial review

This chapter maps the core debates and practices concerning judicial review in international law. These range from objections to framing inter-state dispute settlement as judicial review to burgeoning practices of judicial review, most notably carried out by regional human rights courts. The chapter argues that the desirability, scope and standards of international judicial review are ultimately tied to deeper normative questions about whether a framework of constitutional norms exists in the international system and, if they do exist, what their scope is and how such norms interact with their counterparts on the domestic plane. This discussion shows that the relationship between global constitutionalism and international judicial review is co-constitutive. International judicial review relies on global constitutionalist visions of international law and it is an important force to entrench global constitutionalism in disparate legal contexts.