CEU Electronic Theses and Dissertations, 2011
| Author | Ibrahimova, Narmin |
|---|---|
| Title | Constitutional Court Appointments: USA, Canada, Germany |
| Summary | The subject of this thesis is the review of constitutional court appointment process as the process aimed at securing the balance in the constitutional court composition so that to preserve the independence of the constitutional court as one of the vital mechanisms of check and balances within the separation of powers in democratic state.The aim of this thesis is to argue in favor of more parliamentary involvement in the process of the appointment of constitutional court judges, while preserving the balance within the separation of powers by maintaining the status of constitutional court as arbiter entrusted the right of constitutional review by both executive and legislative branches of power. By conducting comparative review of the constitutional court appointment process in the United States of America, Canada and Germany the similarities and differences of the process will be reviewed from the view point of the “counter-majoritarian difficulty” as the main theoretical concept considering the conflict between the popularly elected parliaments and appointed constitutional courts entrusted the right of “constitutional review” and having power of striking down the legislative acts adopted by the parliaments as representatives of people. It will be maintained throughout the thesis that the efforts should concentrate on finding the right balance between wider parliamentary involvement in the process of constitutional court judges appointment with aim of adding more legitimacy to the court to alleviate partially the conflict outlined within “counter-majoritarian difficulty concept” while preserving independence of the constitutional court from both, executive and legislative powers, to secure its role as one of the check and balances within separation of powers system. |
| Supervisor | Renata Uitz |
| Department | Legal Studies LLM |
| Full text | https://www.etd.ceu.edu/2011/ibrahimova_narmin.pdf |
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