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  1. The Dilemmas of Constitutional Courts and the Case for a New Design of Kelsenian Institutions.Pablo Castillo-Ortiz - 2020 - Law and Philosophy 39 (6):617-655.
    Legal and political controversies persist about the performance of Kelsenian-type constitutional courts in democratic systems. One of the reasons is that the design of these institutions cannot easily accommodate simultaneous but conflicting demands for the strong protection of democracy and human rights, judicial independence and constitutional restraint. Challenging the dominant approach to the design of contemporary constitutional courts, this article proposes a new way to balance these three values through reforms to the structure of Kelsenian institutions. The proposal seeks to (...)
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