Examining the Role of Constitutional Courts in Post-Yugoslav Transitions: Conceptual Framework and Methodological Issues Cover Image

Examining the Role of Constitutional Courts in Post-Yugoslav Transitions: Conceptual Framework and Methodological Issues
Examining the Role of Constitutional Courts in Post-Yugoslav Transitions: Conceptual Framework and Methodological Issues

Author(s): Edin Hodžić
Contributor(s): Wojciech Sadurski (Editor), Mirela Rožajac-Zulčić (Editor)
Subject(s): Constitutional Law, Transformation Period (1990 - 2010), Present Times (2010 - today), Post-Communist Transformation, Court case
Published by: Analitika – Centar za društvena istraživanja, sva prava pridržana
Keywords: Post-Yugoslav states; transition; Constitutional Courts; role; conceptual framework; methodological issues;
Summary/Abstract: The role and influence of constitutional courts in policy-making processes, particularly in Europe, has increased significantly in recent decades. Ran Hirschl has famously coined the term ‘juristocracy’, denoting, with rather vocal criticism, the increasingly significant role of courts as an integral part of modern liberal constitutionalism. The role of constitutional courts has expanded not only in terms of the scope of policy issues they decide on (from a broad range of human rights to the structure of political institutions and architecture of the political process) but also with regard to the nature of their activity. Transcending the projected boundaries of the Kelsenian ‘negative legislator’ controling the constitutionality of laws, the constitutional courts are increasingly seen as ‘positive legislators’, dictating the content of legislative acts to be adopted by parliaments and, in some instances, performing legislative activity to replace invalidated laws. This trend of judicalization of politics is observed not only in established democracies with a long tradition of constitutional review, but also in new and developing ones.

  • Page Count: 38
  • Publication Year: 2016
  • Language: English