Edited by Martin Scheinin, Helle Krunke and Marina Aksenova
Chapter 4: Courts as protectors of the people: constitutional identity, popular legitimacy and human rights
AbstractProfessor Helle Krunke, Head of Centre for Comparative and European Constitutional Studies, University of Copenhagen. The chapter draws on the other chapters of this section engaging in discussions on popular legitimacy and courts. Hence popular legitimacy for courts through the role as protector of the people is discussed. The author reflects on whether the strengthened integration in the European Union, which in some member states has more support in the political institutions than among the People, provides the national Constitutional Courts/Supreme Courts with a role as protectors of the people and hence with popular legitimacy. Furthermore international courts as protectors of the people and popular legitimacy are discussed. Finally, the impact of the role of courts as protectors of the people on human rights is discussed and the possible dangers of court legitimacy through popular legitimacy are emphasised.
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