Book Review: Evolucao do Controle Jurisdicional da Constitutionalidade das Leis nos Estados Unidos

Abstract

These studies of comparative law present a useful method of approach. Mr. Jaffin of the Securities and Exchange Commission has written a useful article on the modes of challenging the constitutionality of legislation in the United States. This article was then translated into Spanish and Portuguese and stimulated the writing of a parallel article by an Argentinian and a Brazilian jurist on judicial review in his country. It is evident that in both Argentina and Brazil judicial control lags considerably behind the highly developed institution in the United States, where it had historical and procedural origins indigenous to countries of the common law. Both Dr. Pecach and Professor Candido Mota express admiration for the United States system, and indicate to how great an extent American decisions are cited in Argentina and Brazil. The Brazilian Constitution of 1937 marks considerable progress in the direction of United States practice. Dr. Pecach, while noting the narrower extent of judicial control in that country, proposes for Argentina a legislative reform to enable legislation to be challenged by injunction or declaratory judgment. An injunction against public officials on the ground of unconstitutionality of the authorizing statute is unknown in Argentina and seems not to be recommended by Dr. Pecach. It would help the study of comparative constitutional law if the Spanish and Brazilian contributions at least were translated into English.