The Normative Power of Dialogue and Debate about Democracy through Law: Empirical Expressions of the Venice Commission’s Role in Shaping Transnational Constitutional Justice

Abstract

This chapter seeks to explore the normative nature of the work of the European Commission for Democracy through Law (The Venice Commission). In so doing, it examines a number of select cases from its practice, within the particular context of constitutional changes and amendments. The main thrust of the contribution could be its attempt at obtaining a vision about the level of observance or compliance with the Commission’s Opinions and the body of reasons that motivate positive reaction. The first part will set the theoretical landscape defining the present inquiry. The second part then offers an overview of the nature, formal and operational, of the Venice Commission. The third and final part engages in more of an empirical scrutiny of the select cases from the practice of Venice Commission (relating to constitutional amendments), with an aim of discerning and demonstrating instances that reveal its unique normative power, emerging from a distinct format of expert-based dialogue and debate about democracy through law.

Keywords: European Commission for Democracy through Law, Venice Commission, Council of Europe, democracy through law, transnational constitutional justice, global networks, non-governmental expertise

JEL Classification: K33, K39