23 September 2020

LawRules #1: We need to talk about Constitutional Courts

Constitutional courts are under attack in many countries in Europe and beyond. Why? And why now? What can be done to protect them, and what are the most important conditions for constitutional courts to function?

These are the questions we discuss in the first episode of the new podcast on the rule of law in Europe we and DAV have launched, with three distinguished guests, two of them former constitutional judges with first-hand experience on these matters, and one a scholar who has written an outstanding book on the German Bundesverfassungsgericht.

STANISLAW BIERNAT was the Vice President of the Polish Constitutional Tribunal while the government launched its takeover campaign against the court.

PEDRO CRUZ VILLALON, former Advocate General at the European Court of Justice, was a Judge at and President of the Spanish Constitutional Court, which has suffered greatly in recent years in the Catalan secession drama.

MICHAELA HAILBRONNER is a professor of constitutional law at the University of Gießen and an expert on the probably most influential constitutional court in Europe, the German Bundesverfassungsgericht.

SUGGESTED CITATION  Biernat, Stanisław, Cruz Villalón, Pedro, Hailbronner, Michaela; Steinbeis, Maximilian: LawRules #1: We need to talk about Constitutional Courts, VerfBlog, 2020/9/23, https://verfassungsblog.de/lawrules-1-we-need-to-talk-about-constitutional-courts/, DOI: 10.17176/20200923-223337-0.

One Comment

  1. R Dooley Sa 26 Sep 2020 at 09:27 - Reply

    Very worthwhile discussion – thank you.

    I would appreciate hearing more detail on Professor Hailbronner’s three conditions for a functional constitutional court.

    Her response was quite nuanced and seemed to advocate an active political role for the court that, from my perspective, would conflict with the appearance of impartiality courts have traditionally striven to maintain.

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