from II - Courts
Published online by Cambridge University Press: 24 March 2022
As a result of the democratic transitions at the end of the 1980s, constitutional courts became crucial institutions in the constitutional systems of Central and Eastern Europe. As Wojciech Sadurski emphasises, while the effectiveness of these tribunals varies, they have made a strong mark on the process of constitutional transition.1 In the next decades, constitutional courts themselves, or their doctrinal supporters and commentators, did not have to defend their position in terms of its legitimacy in a democracy; such legitimacy was assumed rather than contested and debated.2 However, there have been cases of constitutional courts in the region under political attack from the other branches of government, especially from the executive, and ‘so it must be observed that the exalted position of the constitutional courts within domestic political systems is never particularly stable’.3
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