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Can a ‘Militant’ Court Be Trusted? Judicial Appointments and Romania’s Constitutional Court after the 2024 Electoral Crisis

A constitutional or supreme court that annuls a democratic election no longer merely reviews the exercise of public power as part of the system of checks and balances; it places itself, functionally, above the executive and legislative powers.   In December 2024, the Constitutional Court of Romania (CCR) did exactly that: by Ruling no. 32/2024, …

External militant democracy: The case of Bosnia & Herzegovina

Imagine a politician winning a democratic election. He/She enters office with a mandate from thousands of voters, only to discover that an unelected official can remove him from office, invalidate laws adopted by parliament, and effectively reshape the constitutional framework within which he operates. In most constitutional democracies, such a scenario would appear inconceivable. In …