Democratic legitimacy of Constitutional Judges in constitutional design: A comparative study

Constitutional Courts, as specific organs responsible for constitutional matters, are barely over a century old. A great variety of countries have implemented a specific Court following the Austrian model. Courts, and especially judges, are called to be guardians of the constitution; hence, the importance of the democratic legitimacy of the organ and the judges is to be observed. This research considers constitutional courts and judges regarding the state organization, constitutional design and selection process. Is also crucial to consider that judges are not elected, they are selected and appointed by different procedures in different countries. This paper aims at analyzing the Judges´ democratic legitimacy in each of the following cases: Germany, Italy, France, Spain, Peru, Brazil, Colombia and Ecuador. The Analysis is centred in the constitutional design and considers the democratic chain between the people and the constitutional judge that cannot be popularly elected.