Original scientific paper

ROLE OF CONSTITUTIONAL COURTS IN THE POLITICODEMOCRATIC PROCESS

Hans J. Lietzmann ; Bergische Universität Wuppertal, Geisteswissenschaften, Lehrstuhl Politikwissenschaft, Wuppertal, Germany

Abstract

The author deals with the role of constitutional courts in democracies. Though they have religious roots, nowadays they are entirely secularized because interpretation of constitutions is neither a religious event nor are constitutions the Scriptures. Since constitutions today are exposed to a more rapid political change, constitutional courts are the institutions which determine the validity of political projects, which makes them political actors. Although they make decisions based on relatively patent constitutional/legal criteria, they nevertheless contradict the dominant democratic principle. This friction is more pronounced in the field of symbolic politics in which decisions are brought via political argumentation circumventing the formal criteria. Political individuality of constitutional courts consists in moderating the process of political bargaining beyond the principle of democratic majority. The author concludes that their primary task is to maintain a sensitive balance, with uncertain results.

Keywords

policy moderators; principle of democratic majority; symbolic politics; constitutional courts

Hrčak ID:

24371

URI

https://hrcak.srce.hr/24371

Publication date:

4.4.2002.

Article data in other languages: croatian

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