La juridiction constitutionnelle, gardiénne des droits dans la transition démocratique
The Constitutional Court, Guardian of the Rights in the Transition to Democracy

Summary/Abstract: The democratic transitions, of the past and from elsewhere, have not had any direct influence on the ongoing democratisation. However, presently, the constitutional jurisdictions have become landmarks of the success of a democratic transformation. Their role in protecting fundamental rights outgrows in importance their formerly primary function, i.e. guarantors of the Constitution’s supremacy. Despite the apparent universality of this function of any constitutional jurisdiction, a more thorough analysis led to the conclusion that there is a real diversity of situations concerning the precise role of constitutional judges in the different types of democratic processes.

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