@article{oai:kanagawa-u.repo.nii.ac.jp:00014471,
 author = {Mousourakis, George},
 issue = {3},
 journal = {神奈川法学, KANAGAWA LAW REVIEW},
 month = {Jun},
 note = {The nature and scope of judicial power lies at the centre of contemporary constitutional debate in many countries around the world. In some jurisdictions. constitutional reform has transferred considerable power from representative institutions to judicialau thorities. notably constitutional courts. which are entrusted with the task of safeguarding core values and fundamental human rights. The present work explores how countries belonging to different legal traditions approach the issue of judicial power and assesses whether New Zealand should reform its judiciary's institutional design along the lines of models adopted in other countries Part I provides a brief overview of the constitutional role of the courts and the function of constitutional review. Part II compares centrailzed and diffused systems of constitutional review. with particular reference to the German Federal Constitutional Court. the South African Constitutional Court and New Zealand's constitutional review system. Part III assesses these different structures of constitutional review and their impact on judicial empowerment. Folowing this comparative analysis. the author's thoughts concerning the desirability and feasibility of estabilshing a New Zealand Constitutional Court are outlined in Part IV of the work. Drawing on Philip Joseph's notion of' collaborative enterprise' ,1) the present paper argues that the political and judicial branches should work together to safeguard democracy and the values of the rule of law.2) Judges should respect Parliament's democratic mandate to legislate while Parliament should recognize the courts' duty to check that the political authorities do not abuse their powers and violate the constitutionally protected rights of citizens. 3) In a democratic system of government. the judiciary plays a key role in preserving the constitutional balance and ensuring government under the law. 4) In such a system, tensions between the political and judicial branches of government are both healthy and necessary to ensure that constitutional issues are handled with due rigour and earnestness., Departmental Bulletin Paper, 論説},
 pages = {21--56},
 title = {Legality, Constitutionalism and the Role of Judicial Review ： a Comparative Approach},
 volume = {51},
 year = {2019}
}