Le radici storiche dei sistemi di giustizia costituzionale di Polonia, Romania, Repubblica Ceca e Ungheria: l’influenza (eventuale) dei modelli estranei alla tradizione giuridica propria

The historical roots of the constitutional justice systems of Poland, Romania, Czech Republic and Hungary: the influence (if any) of models foreign to their own legal tradition

Abstract

The historical roots of the constitutional justice systems of Poland, Romania, Czech Republic and Hungary: the influence (if any) of models foreign to their own legal tradition - In the aftermath of the fall of the Berlin Wall, the (re)emerging democracies of Central and Eastern Europe made a broad takeover of models from the Euro-Atlantic area. Of these, the techniques and institutes of constitutional justice were those adopted probably more quickly. One of the reasons for this speed is undoubtedly the fact that the issue of constitutionality review was not entirely foreign to the legal tradition of the respective constitutional realities. The paper aims to investigate whether, and to what extent, the framers of the early 1990s drew on these experiences and how much of them can be found in the constitutional documents they drafted.

Keywords: Comparative constitutional law; Constitutional Courts; Eastern Europe; Judicial review.