ABSTRACT
As has been noted in the previous chapter, there are five theories which try to explain court behaviour. These theories are all framed within the preferences of different academic disciplines. What they all have in common is the concentration of studies based on evidence drawn from the US Supreme Court and very little evidence from Europe. Even less evidence tests any of these theories against abstract judicial review. This chapter, therefore, will test the common theories against evidence drawn from abstract judicial review in Germany, Austria, and Italy.
