One of the most significant trends following the Arab Spring was the emergence and strengthening of constitutional courts. The aim of this paper is to discuss whether these bodies have acquired or not the potential to place adequate checks on the executive branch and thus contribute to the democratization processes in a more effective way compared to the past. In order to do so, I first identify the main reasons why constitutional courts before the Arab Spring rarely acted as counter-majoritarian bodies. I then discuss the major novelties introduced by the recent constitutional reforms in the field of constitutional adjudication, and I analyze the role played by con- stitutional courts during the transition processes. Finally, I examine some of the main obstacles that these bodies have to overcome in order to consolidate their position in the new constitutional frameworks.
La giustizia costituzionale in Nord Africa e Medio Oriente in seguito alle primavere arabe
Francesco Biagi
2019
Abstract
One of the most significant trends following the Arab Spring was the emergence and strengthening of constitutional courts. The aim of this paper is to discuss whether these bodies have acquired or not the potential to place adequate checks on the executive branch and thus contribute to the democratization processes in a more effective way compared to the past. In order to do so, I first identify the main reasons why constitutional courts before the Arab Spring rarely acted as counter-majoritarian bodies. I then discuss the major novelties introduced by the recent constitutional reforms in the field of constitutional adjudication, and I analyze the role played by con- stitutional courts during the transition processes. Finally, I examine some of the main obstacles that these bodies have to overcome in order to consolidate their position in the new constitutional frameworks.File | Dimensione | Formato | |
---|---|---|---|
Biagi_Giustizia costituzionale Medio oriente_FINALE.pdf
accesso riservato
Tipo:
Versione (PDF) editoriale
Licenza:
Licenza per accesso riservato
Dimensione
233.96 kB
Formato
Adobe PDF
|
233.96 kB | Adobe PDF | Visualizza/Apri Contatta l'autore |
I documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.