CEU Electronic Theses and Dissertations, 2017
| Author | Jikia, Gvantsa |
|---|---|
| Title | Constitutional Courts in Political Turmoil: Who will defend them? |
| Summary | Constitutional courts are not immune to partisan legal reforms launched from the campaign platform. However, when these reforms are saturated with narrow political interests and little room for compromise, oversight or deliberation, constitutional courts are vulnerable to power grabs that endanger the entire political system. In two clear and recent examples, legislative reform in Hungary and Poland attempted to pack constitutional courts with favored judges. The Georgian Constitutional Court faced the same unique test in 2016. Constitutional retrogression is a challenge that deserves urgent analysis of both the political stakes at play in a democratic system and the legal rationales on competing sides of reform. This thesis will consider these dynamics comparatively in Georgia, Hungary and Poland to understand why constitutional courts have been subject to particularly vociferous legislative reform initiatives and how they have responded to weathering challenges to their autonomy. |
| Supervisor | Renata Uitz |
| Department | Legal Studies LLM |
| Full text | https://www.etd.ceu.edu/2017/jikia_gvantsa.pdf |
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