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CIAO DATE: 2/5/2007
Global Best Practices: Constitutional Courts, Judicial Independance and the Rule of Law
Procop Buruiana, Sandra Elena
April 2004
Abstract
This paper is a cursory survey of the global landscape of Constitutional Courts and Tribunals with constitutional review powers from the perspective of international, regional and national principles on judicial independence and accountability, integrity and democratic development. In many transition and developing countries, academics, legal practitioners, human rights groups and others believe that this relatively new democratic institution has played a positive role in promoting a Rule of Law culture. Clearly, this is a potentially strong democratic institution that needs more attention and support from donors, civil society and national government.
In order to present a comprehensive institutional and cultural picture of Constitutional Courts, the paper touches upon a variety of interrelated themes, including (i) emerging international and regional consensus principles and trends; (ii) the rationale for the creation of Constitutional Courts; (iii) the composition of Constitutional Courts; (iv) the jurisdiction of Constitutional Courts and how it responds to country-specific needs; (v) the contribution of Constitutional Courts to judicial independence; and (vi) standing to bring a case to the Constitutional Court and public information mechanisms. The paper also raises some questions about the place of Constitutional Courts within the broader structure of powers in a democratic State governed by the Rule of Law. Finally, some reflections on public information and outreach programs to sensitize the public to issues of constitutional review are presented.
