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The Constitutional Court's decision making process

Publication at Faculty of Law |
2015

Abstract

The Constitutional court is the key institution which is authorized to protect the fulfilment of constitution. It is important to realize that the constitutional law is full of abstract words with many possible meanings and therefore the role of interpreters - judges - is extremely significant, as well as the process of decision making. The authors analyse the second aspect of the Constitutional court decision making: the process that leads to the final decision and the factors that may influence the process. The basic information can be found in an appropriate statute of the Court. The authors however try to focus rather on ""law in action"" than ""law in book"". In the article, they therefore introduce the decisionmaking process from the perspective of judges and their assistants. They compose the mosaic consisting of many different points of view with the hope that result reflects the reality. Hopefully, the article may help the academics as well as practicing lawyers to understand the constitutional decision making. The article deals with these topics respectively:

1) A general description of the decision-making process;

2) A process of creating the draft of the judgement and the role of assistants of judges;

3) Judges effort to push through a certain solution of a case;

4) A plenary session;

5) Dividing lines between judges;

6) Chambers decision-making;

7) The role of the chairman of the court and opinion leaders of the court. Information was investigated from 9 judges and 4 assistants in the spring

2015.