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3 - Counter-majoritarian Institutions?

The Role of Constitutional Courts and Councils

Published online by Cambridge University Press:  31 December 2024

Francesco Biagi
Affiliation:
Università di Bologna
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Summary

Chapter 3 aims to establish whether the new Arab bodies for constitutional review have acquired the potential to subject the executive branch to adequate checks and thus contribute to the processes of democratization more effectively than in the past. The chapter first discusses the origins of constitutional review in the region, as well as the main reasons why, before the Arab Spring, constitutional courts and councils rarely acted as “counter-majoritarian” bodies. The chapter then turns to an analysis of the major changes in the field of constitutional justice introduced by the post-2011 constitutions, including a limited strengthening of the independence of constitutional review bodies, the vesting of these institutions with judicial status, the broadening of access to these institutions, as well as a further expansion of their jurisdiction. The chapter also examines the role that constitutional courts and councils played in the transition processes that followed the outbreak of the Arab Spring. Finally, the chapter discusses the most significant obstacles that constitutional courts and councils still need to overcome in order to emerge as effective guarantors of the principles of constitutionalism.

Type
Chapter
Information
Constitution-Building After the Arab Spring
A Comparative Perspective
, pp. 140 - 188
Publisher: Cambridge University Press
Print publication year: 2025

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