The Role of the Constitution and Constitutional Court in Democratic Societies

The Role of the Constitution and Constitutional Court in Democratic Societies

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Nowadays, the legal order and the rule of law within the state system play a forefront role in the developed democracies. Undoubtedly, the notion of democratic state itself is closely associated with the high standards of legal system in it. However, in order to define what the high standards of legal system actually mean, it is important to answer the question what one would perceive as the real democracy. Although, we used to describe the democracy as the will or voice of majority in general terms, there are many more other factors of the modern democracies such as the separation of power, for instance. Based on this, we may assume that a constitution is a way of organizing all these into a single universal binding document to reach, and subsequently retain, those principles within a society. There is a broad concept that modern democracies cannot operate without a constitution to protect and implement democracy and legal rights of their citizens. On the opposite side, others insists that the constitution is absolutely useless since it is widely adopted in the numerous autocratic states, and used to retain the power and authority in hands of current government. Basically, those debates reflects the controversial nature of statecraft. My paperwork is intended to consider the role of the constitution and constitutional court in democratic society.
As R. Dahrendolf mentioned, constitutional democracy can be achieved in three stages:
1. The drafting and implementation of a new constitution that sets up the core values of statehood, fundamental rights, the main models of the rule of law, independent and unbiased carrying out of justice, and power separation. ‘The hour of the lawyers’, as he stated that.
2. The creation of a market e...


... middle of paper ...


...et of principles, methods, institutions, practices, and norms that functions to limit power. Without a deep culture of constitutionalism, formal democracy may become superficial and corrupt. With a constitution, a nation ties itself and its government to Odysseus’ mast in order not to be distracted by the calls and temptations of the sirens.”



Works Cited

1. H. Schwartz. The Struggle for Constitutional Justice in Post-Communist Europe. 2000.
2. H. Steinberger. Decisions of the Constitutional Court and Their Effects. – The Role of the Constitutional Court in the Consolidation of the Rule of Law. CoE proceedings. Bucharest 1994.
3. J. Habermas. Law as a Medium and as an Institution. – Dilemmas of Law in the Welfare State. 1988.
4. L. Hand. The Spirit of Liberty. – The Spirit of Liberty. Knopff 1952.
5. R. Dahrendorf. Reflections on the Revolution in Europe . 1990.

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