Constitutionalism of Shallow Foundations

Smilov, Daniel

doi:10.1017/cbo9781139507509.026

Cited by 2 publications

(2 citation statements)

References 15 publications

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“…From 1991 to 1997, when the country was ruled by mostly left-wing governments, the BCC had a center-right majority and was able to prevent the reversal of market-oriented reforms. 29 The Court, however, has been accused of exploiting conflicts between the judiciary and the executive and supporting the ordinary judiciary on important cases to magnify its own influence. 30 according to several experts, the "super independence" of the Bulgarian judiciary and the BCC has made them "self-serving and corporatist."…”

Section: Background On the Bccmentioning

confidence: 99%

Influenced by Power or Reasons? The Role of Amicus Curiae Briefs in Constitutional Court Decision-Making

Bagashka

Chapa

Tiede

2023

East European Politics and Societies: and Cultures

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In what ways do amicus curiae or friend of the court briefs shape the decisions of constitutional courts outside of the United States? Using a unique data set of more than nine hundred briefs from the Bulgarian Constitutional Court, hearing cases of constitutional review and legal interpretation, we analyze the Court’s propensities to both borrow language from briefs and cite the identity of interested parties. We find that the Court is more inclined to incorporate language from briefs by powerful government actors rather than non-governmental groups. Furthermore, the Court’s alignment with the governing coalition and the type of constitutional review also influence the propensity to borrow language from briefs. However, the Bulgarian Constitutional Court does not appear to favor citing any particular interested party. These results question whether the briefing process in Bulgaria lives up to democratic expectations for including less powerful civil society viewpoints into decision-making. The study is one of the few of its kind to explore how the reasoning found within the brief influences an important national high court outside of the United States.

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Section: Background On the Bccmentioning

confidence: 99%

Influenced by Power or Reasons? The Role of Amicus Curiae Briefs in Constitutional Court Decision-Making

Bagashka

Chapa

Tiede

2023

East European Politics and Societies: and Cultures

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“…In this gap, many newly independent countries have fallen into authoritarianism, or even civil war and state failure, because they have not achieved an initial consensus on the constitutional basis of the political system. One might compare, for example, Argentina and Brazil in the mid-19 th century (Gargarella, 2010), post-independence Indonesia and Malaysia (Butt & Lindsey, 2012;Harding, 2012), Zimbabwe and Botswana in the 1980s (Darnolf, 1997), and Bulgaria and Ukraine since the 1990s (Smilov, 2013;Choudhry, Sedelius and Kyrychenko, 2018;Wolczuk, 2001) as pairs of counties in which the presence or absence of consensus on the constitutional order led to different trajectories of institutional consolidation or disintegration. This is not an excuse for rushing.…”

Section: Constitutions and Constitution-building In Transitions Tmentioning

confidence: 99%

Building the ship in dry dock: The case for pre-independence constitution-building in Scotland

Bulmer

2020

International Political Science Review

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For newly independent states, constitution-building can be a defining moment: a time when national identities are asserted, values and norms articulated, and founding myths created. The constitution-building process is a critical juncture between the divergent paths of stable and well-functioning democracy, on one hand, or persistent instability, coups, repression, and state failure, on the other. But what is the proper relationship of constitution-building to state formation? Should constitution-building occur before or after state formation? Or should the two processes somehow proceed in parallel? To address these questions in a Scottish context, this article draws on state-formation and constitution-building processes in the Westminster-derived tradition. The article considers the advantages and disadvantages of these sequences, and discusses the circumstances in which they might be applicable. It concludes by making some tentative recommendations for a pre-independence constitution-building process in Scotland.

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Constitutionalism of Shallow Foundations

Cited by 2 publications

References 15 publications

Influenced by Power or Reasons? The Role of Amicus Curiae Briefs in Constitutional Court Decision-Making

Influenced by Power or Reasons? The Role of Amicus Curiae Briefs in Constitutional Court Decision-Making

Building the ship in dry dock: The case for pre-independence constitution-building in Scotland

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