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 constitutional court following the Austrian model. 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 their 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. The task of this paper is to analyze the Judges' democratic legitimacy in each of the states selected for the probe, namely: 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.