Parts III - IV

Natalia DANELCIUC-COLODROVSCHI, Reasearcher of the Louis Favoreau Institute, Faculty of Law and Political Science, University of Aix-Marseille, Constitutional Justice in Post-soviets Countries between Evolution and Dysfunctions
This paper analyses the effects of the creation of constitutional courts in postsoviets countries. The author shows that only the fulfillment of necessary conditions in order to create independent constitutional jurisdictions, able to defend the values and principles of democracy and of the democratic state, shall allow them to overcome the authoritarian tendencies of political power. At the same time, the positivist approach of the jurisdictional function of constitutional courts offers a psychological foundation, but their real legitimacy is acquired “through their results”, in other words, through the efficiency of their activity. In an extremely hostile political context this seems to be the only way for such new jurisdictions to establish a social legitimacy and to impose themselves as being “the power” which, through the authority of its decisions, takes part in the construction of regimes respecting the preeminence of law and where constitutional law does not remain a “desiderate lacking mandatory force”.

Keywords: constitutional justice, ex-soviet countries, Constitutional Courts

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