Plenary Session 2

Rule of law: courts as defenders or reformers of constitutionalism

Debates on sustainable constitutions reactivate debates on the role of courts in democratic systems. However, courts may receive criticism, for example, that they are a counter-majoritarian power, which tries to solve political problems without any political legitimacy. Most constitutional courts are in constant interaction with other types of courts such as international human rights courts, arbitration panels, the International Court of Justice and the International Criminal Court. Apex courts with the cooperation of the international/regional courts have made significant contributions to the development of the rule of law over the past three decades. In parallell, some courts face challenges in maintaining judicial independence, upholding democratic values, and ensuring effective enforcement of their decisions. Addressing these challenges will be crucial for safeguarding the rule of law and promoting justice and accountability in the years to come.

Chairs

Angelika Nussberger

Humberto Sierra Porto

Speakers

Andras Sajo

Former Judge of the European Court of Human Rights (ECHR) and Emeritus Professor of Law at Central European University (CEU).

Nancy Hernández López

President of the Inter-American Court of Human Rights (2024–2025 term) and former Justice of the Constitutional Chamber of Costa Rica.

Sapana Pradhan Malla

Justice of the Supreme Court of Nepal and prominent advocate for women’s rights and legal reform in her country.

Lucia da Luz Ribeiro

President of the Constitutional Council of Mozambique and Professor at Eduardo Mondlane University.