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David E. Landau continued
Constitutional Endurance and Democracy: Judging Constitutional Performance (with Rosalind Dixon), in Assessing Constitutional Performance (Tom Ginsburg & Aziz Huq, editors) (Cambridge University Press) (forthcoming 2016) The Promise of a Minimum Core Approach: The Colombian Model for Judicial Review of Austerity Measures, in Economic and Social Rights After the Global Financial Crisis (Aoife Nolan, editor) (Cambridge University Press 2014) The Substitute and Complement Theories of Judicial Review, 92 Ind. L.J. _ (forthcoming 2017) Selective Entrenchment in State Constitutional Law and Comparative Constitutional Law, 37 Ark. L. Rev. _ (forthcoming 2016) Political Support and Structural Constitutional Law, 67 Ala. L. Rev. 1069 (2016) Book Review: Fragile Democracies: Contested Power in the Age of Constitutional Courts (by Samuel Issacharoff ), 13 Intâ€™l J. Const. L. 1082 (2015) Constraining Constitutional Change (with Rosalind Dixon), 50 Wake Forest L. Rev. 859 (2015) Transnational Constitutionalism and a Limited Doctrine of Unconstitutional Constitutional Amendment (with Rosalind Dixon), 13 Intâ€™l J. Const. L. 606 (2015)
In A Dynamic Theory of Judicial Role, 55 Boston College Law Review 1501 (2014), Professor David Landau critically examines the democracy-improving model of judicial review as a justification for judicial activism in fragile democracies. The article argues that more must be done to assess the plausibility and effectiveness of judicial action to improve such democracies. It also suggests, as a useful empirical agenda, that scholars investigate the effects of different strategies of judicial activism on the evolution of different kinds of dysfunctional political institutions.
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