Supranational Constitutional Courts

Forthcoming in Max Planck Encyclopedia of Comparative Constitutional Law

iCourts Working Paper Series, No. 98, 2017

26 Pages Posted: 23 Jun 2017

See all articles by Federico Fabbrini

Federico Fabbrini

Dublin City University - School of Law and Government

Miguel Poiares Maduro

European University Institute

Date Written: June 21, 2017

Abstract

The paper seeks to identify, within the broader genus of international courts and tribunal, a typology of courts which can be defined as supranational constitutional courts. To this end, it suggests six criteria that ought to be used in order to differentiate within the broader family of international courts the species of courts which present a constitutional character. Specifically, the paper suggests that jurisdiction, powers of judicial review, subjectivization, constitutional hermeneutics, constitutional doctrines and effectiveness are conditions to define an international court as a supranational constitutional court. The paper examines the case of the European Court of Justice as a paradigmatic example of a supranational constitutional court and considers to what extent analogous features are emerging in other tribunals, including the European Court of Human Rights.

Keywords: International courts, supranational courts, constitutionalism, ECJ, ECtHR

Suggested Citation

Fabbrini, Federico and Maduro, Luís Miguel Poiares Pessoa, Supranational Constitutional Courts (June 21, 2017). Forthcoming in Max Planck Encyclopedia of Comparative Constitutional Law; iCourts Working Paper Series, No. 98, 2017. Available at SSRN: https://ssrn.com/abstract=2990277

Federico Fabbrini (Contact Author)

Dublin City University - School of Law and Government ( email )

Ireland

Luís Miguel Poiares Pessoa Maduro

European University Institute ( email )

Villa La Pagliaiuola
Via delle Palazzine, 19
San Domenico di Fiesole, FI 50014
Italy

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