ABSTRACT
Judicial Review in Developed Democracies MARTIN SHAPIRO Defining successful judicial review as that which changes public policy in the direction desired by the
court, federalism review is, in theory, the most likely to be successful, separation of powers less successful and rights review least successful of all. In fact the most successful review has been federalism review as exemplified by the United States and the European Union. The US record of rights review has been less successful than sometimes supposed, but the spread of rights review in Europe gives more cause for optimism. Both the inherent dangers of rights review in a democracy and the US record suggest that courts must be cautious and politically skilled if they are to succeed at rights review.
