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Constitutional Courts and Democratic ValuesA European Perspective$
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Victor Ferreres Comella

Print publication date: 2009

Print ISBN-13: 9780300148671

Published to Yale Scholarship Online: October 2013

DOI: 10.12987/yale/9780300148671.001.0001

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Democratic Checks on Courts

Democratic Checks on Courts

(p.98) Chapter Nine Democratic Checks on Courts
Constitutional Courts and Democratic Values

Víctor Ferreres Comella

Yale University Press

This chapter argues that European countries have generally felt the need to place legislative review in the hands of judges who are chosen through a procedure in which the democratic branches have an important say. As Pedro Cruz Villalon explains, the historical emergence of constitutional review was possible only because the bodies in charge acquired an intense democratic legitimacy. The problem, however, is that most European countries prefer a nonpolitical method to recruit the ordinary judiciary. The tendency in many nations is to protect better judicial independence through new arrangements that try to reduce the influence exerted by the political branches. The creation of a separate constitutional tribunal helps make it possible to have a more democratic procedure for appointing constitutional judges and to preserve the more bureaucratic or professional system for the rest of judges.

Keywords:   legislative review, democratic branches, Pedro Cruz Villalon, constitutional review, judicial independence, constitutional tribunal

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