CEU Electronic Theses and Dissertations, 2015
| Author | Gál, András |
|---|---|
| Title | The Ambiguous Relationship of Consociationalism and Constitutional Adjudication |
| Summary | There is an arguable tension between consociationalism and constitutional adjudication, and between consociationalism and constitutionalism in a broader sense as well. Theoretically, the conceptual congruence between these notions is the most relevant dilemma. Empirically, there are two main questions concerning the role of constitutional courts in consociations. On the one hand, how they contribute to the stability of these political systems, and more importantly, whether they use their devices for liberalizing those state institutions, which mirror the entrenched nature of societal conflicts. The analysis of the concepts points to the fact that the ultimate answer to the normative dilemmas depends on how one approaches the broader concept of democracy, rather than a question of which school one follows concerning the more specific literature on democracy in divided societies. Empirically, through the analysis of the relevant concept, and the comparison of two constitutional courts operating in consociational systems (notably Belgium and Bosnia-Herzegovina), the thesis argues the courts have an ambiguous role, however this is not only a behavioral question, but also an important matter of institutional design. Ultimately, my thesis challenges certain aspects of the relevant literature, particularly regarding its emphases, and its explanations for certain phenomena. These problems reveal the incomplete nature of the existing literature, especially regarding the analytical problems. The conclusions of my research could reveal an important aspect of the fairly ambiguous relationship between consociationalism and constitutionalism. |
| Supervisor | Bogaards, Matthijs |
| Department | Political Science MA |
| Full text | https://www.etd.ceu.edu/2015/gal_andras.pdf |
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