Constitutional Courts in the Context of Constitutional Regression : Some Comparative Remarks

Limitations on the independence of constitutional courts are among the main pointers of constitutional regression. Taking a cue from the best-known cases in Europe and Latin America (Hungary, Poland, Russia, Turkey and Venezuela) the paper considers how the ‘normalization’ or ‘neutralization’ of the courts has triggered and then maintained illiberal degeneration (since these institutions are the major counter-balance to the political majority). The paper explores the role played by the ‘reformed’ courts in the new political reality, and also takes into account the dialogue with international courts. The latter aspect is very sensitive, considering the tough implementation of the judgements of supranational courts in cases of constitutional ‘sovereignism’. The analysis will be performed using the method of comparative law.