Constitutional Justice has always had a dialectic relationship with Democracy. Constitutional Justice, as judicial institution created to review the constitutionality of the acts of Parliament and Government, is embodied by the principles enshrined in constitutions, safeguards individual rights, upholds the rule of law, and serves as a check on public power. Conversely, Democracy, with its emphasis on popular sovereignty and on the majority rule, ensures that decision-making processes are guided by political legitimacy and citizen participation. Still, even if these two institutions might mutually reinforce one another in mature constitutional systems, their relationship is not always straightforward. On the one hand, the countermajoritarian nature of Constitutional Justice means that constitutional courts are empowered to strike down ordinary legislation approved by parliamentary majorities that is inconsistent with the Constitution, putting at stake parliamentary sovereignty. On the other hand, it has increasingly happened in recent times, even within well-established democracies, that political illiberal agendas have tried to challenge the independence of the judiciary.
In this workshop, the relationship between these two institutions will be explored. From examining historical precedents to grappling with contemporary challenges, our aim is to engage in meaningful discussions that will shed light into the dialectics between Constitutional Justice and Democracy.

Some of the topics to be covered are as follows:
• Democracy and majority will: the critical analysis of the tension between majority will expressed through democratic processes and the need to protect minority rights and ensure equality under the law;
• The role of Constitutional Justice in preserving Democracy: discussion of the role of Constitutional Courts in maintaining democratic stability, including their function to ensure legislative compliance with constitutional principles and safeguard fundamental rights;
• Constitutional Justice, independence, and the Rule of Law: emphasis will be placed on the need to ensure the independence and integrity of Constitutional Courts to preserve Democracy and the Rule of Law, especially – but not only – taking into account the European context in recent years;
• Justice selection: discussion on the importance of the methods of selection of justices for the Constitutional Court and how it intersects with the democratic principle, covering issues such as (i) nomination methods and public scrutiny, (ii) Court composition, (iii) eligibility criteria, and (iv) challenges associated with the politicization of the selection procedure;
• Decision-making methods: focusing especially on (i) collegiality, (ii) judicial behaviour, (iii) requiring qualified majorities for certain subjects, as well as (iv) the relevance and importance of allowing dissents;
• Current and future challenges of Constitutional Justice: exploration of emerging challenges faced by Constitutional Courts, including issues such as judicial activism vis -à-vis the democratic legitimacy of the other branches of Government, the ways in which other branches of Government exert political pressure on judicial independence, and the impact of digital technologies.

Interested participants shall send an abstract to afonsobras@fd.ulisboa.pt by April 30th, 2024 at the latest, of no more than 300 words along with the paper’s title, the author’s institutional affiliation and contact information. Acceptance will be notified on May 10th.