The interaction between constitutional courts and legislatures in highly politicized conflicts

Constitutional institutional choices are predetermined by abstract principles such as separation of powers and constitutional rights. Each of these principles entails a minimally determined content that in hard, borderline cases, may prove less than useful.
The normative content of the constitutional framework for institutional choices cannot be detached from the concrete conflictual setting and is inherently precarious and subject to contestation.
It follows from the above that the institutionalization of judicial review is an open framework subject to temporal modifications and demands from the political, constitutional, and societal realms. Hence, its legitimacy is not an abstract challenge and relies heavily on how the relevant institutions manage concrete conflicts. Against this background, this presentation provides an analytical framework to inquire upon the relationship between the courts and the legislator in highly politicized conflicts.