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Can constitutional courts withstand populist pressure?

 
 
Reply Mon 27 Mar, 2023 02:58 am
The democratic world is looking with growing concern at Israel because what has been observed for years in other states around the globe is taking place there. The Supreme Court is to be stripped of its powers. Benjamin Netanyahu's government wants to break the keystone out of the system of separation of powers.

It is pursuing its plans quite blatantly, for it is not content with taking the selection of judges into its own hands and obstructing the work of the court by means of a high decision-making quorum. According to the "reform", the parliament should be able to overrule the Supreme Court in case of conflict. The simple message is to make the majority society stronger and the country more "democratic".

This reflects the dangerous drift of populism that is putting constitutional jurisdiction under pressure in many places. Democracy is equated with a - often only alleged - will of the people. Constitutional courts are being marginalised or, more often, brought into line. Their central role in the democratic system - as defenders of minority rights and guarantors of political rules of the game - is ignored or denied.

Can constitutional courts withstand populist pressure?
Or are countries increasingly losing academic freedom, the participatory rights of civil society, the protection of indigenous peoples...?
Are more and more constitutional courts degenerating into vicarious agents of autocratic and populist governments?
Does democracy versus the rule of law mean giving up the separation of powers?
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Type: Discussion • Score: 2 • Views: 2,130 • Replies: 1
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bobsal u1553115
 
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Reply Sun 2 Apr, 2023 08:44 am
Ideally and theoretically.
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