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Constitutional Courts: Opportunities and Pitfalls

This memorandum considers how to design constitutional courts to be most effective. With reference to examples such as Hungary, Italy, and Russia, the article examines dimensions including jurisdiction, appointment and tenure, and the effect of judicial declarations of unconstitutionality. The article also examines how a carefully designed and properly limited constitutional court can aid the creation of the rule of law, with specific reference to Afghanistan.

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Keywords  Constitution-making Body/Bodies,  Court/Courts,  Judiciary/Judicial,  Judiciary Selection and Removal,  Constitutional Review,  Constitutional Court,  Constitutional Interpretation,  Justice,  Islamic/Sharia Law,  Islamic Law
Country / Territory  Afghanistan