A Practical Guide to Constitution Building: The Design of the Judicial Branch

This paper appears as chapter 6 of International IDEA’s publication A Practical Guide to Constitution Building. It focuses on the design of the judicial branch of government. The paper starts with a discussion of the powers of the judiciary, including constitutional review and additional powers such as advisory opinions. Included is a discussion of the role of the court in special circumstances, such as within the electoral process, or during states of emergency. Next is a discussion concerning judicial independence and accountability, and specifically how the selection, removal, and term limits of judges inform these issues. The paper ends with a discussion on legal pluralism, or the incorporation of more than one legal tradition within the constitution.