{"title":"论荒谬的宪法法院模式:一人(即一名法官)宪法法院能否在宪政国家中发挥作用?","authors":"Csaba Cservák","doi":"10.55194/gi.2023.1-2.4","DOIUrl":null,"url":null,"abstract":"In my view, the fact that if a position is shared by more than one person can also create a kind of separation of powers, i.e. referring specifically to the different bodies. Namely: can a single-judge constitutional court be conceptually constitutional and democratic if all the constitutional requirements of a constitutionalstate are met? During the covid period, many boards did not meet regularly, or at most approved proposals online. In principle, I see a very significant difference between having one or even three members, because the requirement of collective wisdom means that three membersis a body. Rather, in the case of a genuine constitutional complaint, we can conclude that the constitutional court acts as a court of law, a body of one does not meet the requirements of a co-judicial body.","PeriodicalId":221597,"journal":{"name":"Glossa Iuridica","volume":"15 8","pages":"0"},"PeriodicalIF":0.0000,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":"{\"title\":\"On an absurd model of constitutional court : Can a one-man (i.e., single-judge) Constitutional Court serve in a constitutional state?\",\"authors\":\"Csaba Cservák\",\"doi\":\"10.55194/gi.2023.1-2.4\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"In my view, the fact that if a position is shared by more than one person can also create a kind of separation of powers, i.e. referring specifically to the different bodies. Namely: can a single-judge constitutional court be conceptually constitutional and democratic if all the constitutional requirements of a constitutionalstate are met? During the covid period, many boards did not meet regularly, or at most approved proposals online. In principle, I see a very significant difference between having one or even three members, because the requirement of collective wisdom means that three membersis a body. Rather, in the case of a genuine constitutional complaint, we can conclude that the constitutional court acts as a court of law, a body of one does not meet the requirements of a co-judicial body.\",\"PeriodicalId\":221597,\"journal\":{\"name\":\"Glossa Iuridica\",\"volume\":\"15 8\",\"pages\":\"0\"},\"PeriodicalIF\":0.0000,\"publicationDate\":\"1900-01-01\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"0\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"Glossa Iuridica\",\"FirstCategoryId\":\"1085\",\"ListUrlMain\":\"https://doi.org/10.55194/gi.2023.1-2.4\",\"RegionNum\":0,\"RegionCategory\":null,\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"\",\"JCRName\":\"\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"Glossa Iuridica","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.55194/gi.2023.1-2.4","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"","JCRName":"","Score":null,"Total":0}
On an absurd model of constitutional court : Can a one-man (i.e., single-judge) Constitutional Court serve in a constitutional state?
In my view, the fact that if a position is shared by more than one person can also create a kind of separation of powers, i.e. referring specifically to the different bodies. Namely: can a single-judge constitutional court be conceptually constitutional and democratic if all the constitutional requirements of a constitutionalstate are met? During the covid period, many boards did not meet regularly, or at most approved proposals online. In principle, I see a very significant difference between having one or even three members, because the requirement of collective wisdom means that three membersis a body. Rather, in the case of a genuine constitutional complaint, we can conclude that the constitutional court acts as a court of law, a body of one does not meet the requirements of a co-judicial body.