The Resilience of Constitutional Courts and Their Resistance to Autocratization: Beyond Binaries, Where Time Matters
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Gábor Halmai
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Ágnes Kovács
und
Max Steuer
Abstract
This article explores constitutional court (CC) resilience in a comparative perspective, across nine national jurisdictions and some transnational judiciaries, to help identify sources and approaches enhancing CC capacity to resist autocratization. It attempts to interpret the individual contributions to the special issue, pointing to a set of factors impacting CC resilience. Some articles highlight the essential role of structural conditions, while others rather emphasize the importance of institutional development and agency. The article then outlines avenues for further research of CC resilience, which should engage with new challenges, including renewing democracy through deliberation and trust-building.
Funding source: European University Institute
Award Identifier / Grant number: RECONCOURT (Widening Programme call 2024 with the contribution of the European Union and the EUI Contracting States)
Acknowledgments
The guest co-editors thank the Editors of Global Jurist and in particular Managing Editor Luca Pes for hosting this special issue, as well as to all contributors and participants at the International Society of Public Law 2024 Annual Conference panels of the RECONCOURT project, and the reviewers of the individual contributions. Special thanks to Judge András Jakab for writing the Foreword. Max Steuer appreciates the support by the re:constitution programme that enabled additional research time in Budapest.
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Research funding: The publication has received funding via the European University Institute’s Widening Programme call 2024 with the contribution of the European Union and the EUI Contracting States.
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