Why Have Constitutional Courts Been so Important for Democracy in Central Europe (…And So Hated by Those in Power)?
The contribution reacts to various thoughts about the present state of constitutionalism in the V4 countries. The author argues that the constitutional court, an institutional check on majoritarian decision-making, has been an indispensable component of constitutional-building in the Central Europe...
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| Format: | Article |
| Language: | English |
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University of Latvia Press
2018-08-01
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| Series: | Law: Journal of the University of Latvia |
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| Online Access: | https://journal.lu.lv/jull/article/view/153 |
| _version_ | 1811336864743817216 |
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| author | Kamil Baraník |
| author_facet | Kamil Baraník |
| author_sort | Kamil Baraník |
| collection | DOAJ |
| description |
The contribution reacts to various thoughts about the present state of constitutionalism in the V4 countries. The author argues that the constitutional court, an institutional check on majoritarian decision-making, has been an indispensable component of constitutional-building in the Central European area. However, the model of a highly esteemed constitutional court, with its justices, nominated in a bipartisan manner, has been regularly contested, especially by those who were supposed to be constrained thereby. To outlive current and future populist waves, a result of vibrant discourse between political branches of government and a self-restrained constitutional court has a strong potential to stabilize democracy in the region, marked by authoritarian governments of the second half of the 20th century. Thus, the article will reason that we, the Central Europeans, need “more”, rather than “less” constitutionalism to protect the legacy of the last democratic revolution.
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| first_indexed | 2024-04-13T17:45:45Z |
| format | Article |
| id | doaj.art-18425fb0f8304164a8dc89c0e80db4bd |
| institution | Directory Open Access Journal |
| issn | 1691-7677 2592-9364 |
| language | English |
| last_indexed | 2024-04-13T17:45:45Z |
| publishDate | 2018-08-01 |
| publisher | University of Latvia Press |
| record_format | Article |
| series | Law: Journal of the University of Latvia |
| spelling | doaj.art-18425fb0f8304164a8dc89c0e80db4bd2022-12-22T02:36:58ZengUniversity of Latvia PressLaw: Journal of the University of Latvia1691-76772592-93642018-08-011110.22364/jull.11.06Why Have Constitutional Courts Been so Important for Democracy in Central Europe (…And So Hated by Those in Power)?Kamil Baraník The contribution reacts to various thoughts about the present state of constitutionalism in the V4 countries. The author argues that the constitutional court, an institutional check on majoritarian decision-making, has been an indispensable component of constitutional-building in the Central European area. However, the model of a highly esteemed constitutional court, with its justices, nominated in a bipartisan manner, has been regularly contested, especially by those who were supposed to be constrained thereby. To outlive current and future populist waves, a result of vibrant discourse between political branches of government and a self-restrained constitutional court has a strong potential to stabilize democracy in the region, marked by authoritarian governments of the second half of the 20th century. Thus, the article will reason that we, the Central Europeans, need “more”, rather than “less” constitutionalism to protect the legacy of the last democratic revolution. https://journal.lu.lv/jull/article/view/153constituent powerconstitutional democracypolitical constitutionalismcentral European constitutionalism |
| spellingShingle | Kamil Baraník Why Have Constitutional Courts Been so Important for Democracy in Central Europe (…And So Hated by Those in Power)? Law: Journal of the University of Latvia constituent power constitutional democracy political constitutionalism central European constitutionalism |
| title | Why Have Constitutional Courts Been so Important for Democracy in Central Europe (…And So Hated by Those in Power)? |
| title_full | Why Have Constitutional Courts Been so Important for Democracy in Central Europe (…And So Hated by Those in Power)? |
| title_fullStr | Why Have Constitutional Courts Been so Important for Democracy in Central Europe (…And So Hated by Those in Power)? |
| title_full_unstemmed | Why Have Constitutional Courts Been so Important for Democracy in Central Europe (…And So Hated by Those in Power)? |
| title_short | Why Have Constitutional Courts Been so Important for Democracy in Central Europe (…And So Hated by Those in Power)? |
| title_sort | why have constitutional courts been so important for democracy in central europe and so hated by those in power |
| topic | constituent power constitutional democracy political constitutionalism central European constitutionalism |
| url | https://journal.lu.lv/jull/article/view/153 |
| work_keys_str_mv | AT kamilbaranik whyhaveconstitutionalcourtsbeensoimportantfordemocracyincentraleuropeandsohatedbythoseinpower |