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Constitutional justice and politics, the role of The Constitutional Court
Date Issued |
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2020 |
Constitutional courts play a different role in the field of politics. The establishment of a constitutional court is a political decision and a political process. But once a political decision on establishing a constitutional court is adopted and the constitutional court is composed, it should be free of any political nature. Otherwise the constitutional court would merge with political power and lose its nature of the judiciary. Yet it is in all cases that constitutional courts are able to avoid entering a political process? Do other branches of power at no point ever make any attempt to use the constitutional court while acting in their own interests, at times even seeking to limit the powers of the constitutional court, thereby undermining or ultimately denying the nature of the constitutional court as the guardian of the constitution and constitutional values? These ends are apparently sought, interalia, through amending the legislation governing the activity of constitutional courts, expanding their composition, or additionally appointing new judges. Constitutional courts do not avoid even far more extreme forms of conflict with politics - judges face criminal prosecution or have their liberty restricted, as in the case of the Turkish Constitutional Court. These and the related questions will be addressed in the article.