Briefing paper 40: "Constitutional Review in new Democracies" , DRI

This Briefing Paper, also available in Arabic, was written by Katherine Glenn Bass and Sujit Choudhry from the Center for Constitutional Transitions at NYU Law and published by Democracy Reporting International DRI.

This Briefing Paper presents an overview of the basic design questions that policymakers will have to address when constructing a constitutional court. These include: the court’s membership; the process for selecting the court’s judges and the mechanism for removing judges; the court’s jurisdiction; access to the court; forms of review; and judicial remedies in response to constitutional violations.