Abstract

http://ssrn.com/abstract=1919363
 
 

Footnotes (51)



 


 



Constitutional Courts in Transition Processes: Legitimacy and Democratization


Wojciech Sadurski


University of Sydney - Faculty of Law

August 30, 2011

Sydney Law School Research Paper No. 11/53

Abstract:     
In this conference paper I will clarify the notion of legitimacy which lends itself to the analysis of constitutional courts’ legitimacy, by identifying three dichotomies: sociological and normative, formal and meta-constitutional, input and output legitimacy. I then discuss the main aspects of input legitimacy (related to constitutional courts’ pedigree) and output legitimacy (related to the outcomes of their case-law), and identify two additional, CEE-specific grounds of courts’ legitimacy: the force of emulation and Europeanization (distinguishing between legitimacy acquired from the membership of their states in the European Convention of Human Rights system and in the European Union). I then reflect upon the relevance of ‘transition' to legitimacy of activist constitutional review. In the last part I will try to tie these topics together.

Number of Pages in PDF File: 23

Keywords: constitutional courts, constitutional review, Central and Eastern Europe, transitional justice, European Union, European Convention of Human Rights

JEL Classification: K10, K30, K33

Accepted Paper Series





Download This Paper

Date posted: August 30, 2011  

Suggested Citation

Sadurski, Wojciech, Constitutional Courts in Transition Processes: Legitimacy and Democratization (August 30, 2011). Sydney Law School Research Paper No. 11/53. Available at SSRN: http://ssrn.com/abstract=1919363

Contact Information

Wojciech Sadurski (Contact Author)
University of Sydney - Faculty of Law ( email )
Faculty of Law Building, F10
The University of Sydney
Sydney, NSW 2006
Australia
Feedback to SSRN


Paper statistics
Abstract Views: 681
Downloads: 223
Download Rank: 81,052
Footnotes:  51

© 2014 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollo3 in 0.515 seconds