On Tuesday 22 April at 3.00pm in the Ken Mason Suite (Old College) Tom Gerald Daly, Ph.D, Edinburgh Law School, spoke on
Sketching the Contours of a Fledgling Concept’
Abstract: Although constitutional courts have been key components in post-war democratisation processes across the globe, especially those of the worldwide ‘third wave of democratisation’ from 1974 onward, to date there has been no attempt to conceptualise precisely the role of these courts in the democratisation process. Literature on constitutional adjudication in new democracies tends to be produced within the conceptual and theoretical frameworks elaborated to analyse courts in the long-established democracies of the Global North, and has tended to focus on a small cohort of atypical courts (e.g., those of Hungary and South Africa), with the result that our understanding is incomplete. The concept of ‘democratisation jurisprudence’, drawing on key insights across a range of scholarship, aims to provide a framework for better understanding the role of constitutional courts in the construction of a democratic constitutional order; as both engines of, and subjects of, democratisation.
Chair and Discussant: Silvia Suteu