Jump to ContentJump to Main Navigation
Constitutional Courts and Democratic ValuesA European Perspective$
Users without a subscription are not able to see the full content.

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

Show Summary Details
Page of

PRINTED FROM YALE SCHOLARSHIP ONLINE (www.yale.universitypressscholarship.com). (c) Copyright Yale University Press, 2021. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in YSO for personal use.date: 06 May 2021

The Special Nature of Constitutional Discourse

The Special Nature of Constitutional Discourse

Chapter:
(p.36) Chapter Five The Special Nature of Constitutional Discourse
Source:
Constitutional Courts and Democratic Values
Author(s):

Víctor Ferreres Comella

Publisher:
Yale University Press
DOI:10.12987/yale/9780300148671.003.0006

This chapter attempts to underscore the potential advantages to creating a special constitutional tribunal that is relatively detached from the ordinary judiciary. This is especially so in civil-law countries. Constitutional judges need to have a degree of “leisure” and “insulation” to reflect upon fundamental values, as Alexander Bickel put it. The centralized model offers an obvious advantage in this regard: the constitutional court can concentrate all its time and energy on checking the validity of parliamentary enactments and is, therefore, liberated from the task of ordinary adjudication. Many European countries bestow ordinary judges the authority to trigger the process of review; when they have doubts about the validity of a statute that is relevant to a case they are handling, they can certify a question to the constitutional court.

Keywords:   special constitutional tribunal, judiciary, civil-law countries, constitutional judges, fundamental values, Alexander Bickel

Yale Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.

Please, subscribe or login to access full text content.

If you think you should have access to this title, please contact your librarian.

To troubleshoot, please check our FAQs , and if you can't find the answer there, please contact us.