Constitutional courts are often concerned with asserting their own legitimacy against claims of undemocratic usurpation. Different courts respond to these issues in different ways. In particular, some constitutional courts (on an American model) attempt to assert a sharp distinction between law and politics and insist that their legitimacy is secured by remaining solely on the legal side of the divide. In contrast, other constitutional courts assert their role as guardians of political principles as a legitimating basis for their authority (Germany, India). This paper examines constitutional courts in Austria, Hungary, and Israel as cases of the deployment of legitimating claims based on legal or political authority and considers the consequences of these different approaches for public trust in constitutional institutions.
Our 2020 Annual Conference was scheduled to be held at the University of Wrocław in Poland on July 9-11, 2020.
Due to the COVID-19 pandemic, the ICON·S Executive Committee has decided to postpone our 2020 Conference to 2021. Our next Annual Conference will take place from July 8-10, 2021, in Wrocław, Poland.
Procedural details regarding the organization of the 2021 Conference will follow in the months ahead.Join ICON•S