The Constitutional Court as a Political Actor - Dimensions of the Political System and the Position of Constitutional Judiciary Within it
Abstract
The goal of chapter two entitled "The Constitutional Court as a Political Actor - Dimensions of the Political System and the Position of Constitutional Judiciary Within it" is to demonstrate how distinction between different levels and dimensions of politics influences the view of constitutional courts as political actors. To demonstrate this fact, the author utilises a combination of two abstract defining models of politics - the political systems theory of David Eaton and the theory of three conceptions of politics (polity, politics a policy) whose coupling allows the combination of procedural and substantive definitional criteria for politicians.
The application of the aforementioned model leads to the conclusion that constitutional courts are political actors with specific attributes. The specificity of the character of constitutional courts, the reason why some consider them not to be political actors at all, stems from different normative expectations of the public vis-a-vis the constitutional courts, on the basis of which it judges the legitimacy of the courts' actions.