Judicial review, Judges nomination and Political Polarization

While political polarization is acknowledged and widely discussed, it has not yet entered into the mainstream discourse of comparative constitutional law, and global constitutionalism. This is the aim of our Article. Polarization creates great challenges to constitutionalism and to constitutional courts in particular, the latter being based on public legitimation across political divides, and on consensus. What are the effects of polarization on constitutional courts’ decisions, and on nomination processes of constitutional judges? How do judges cope with polarization and are they drawn themselves into one of the political camps? What are global aspects of this interaction, what are aspects that are determined by local determinators? And how should constitutional systems adjust to this new reality? These would be among the questions that we will aim to discuss in our Article.