Deliberative Institutions

The collapse of the communist empire coincided with a new wave of constitution making. All the Eastern European countries introduced in the new constitutions an organ in charge of constitutional adjudication modeled on what we define below the Kelsenian type. This was neither surprising nor original. The same phenomenon happened in Southern Europe about 20 years ago after the collapse of fascist authoritarian regimes in Greece, Portugal and Spain. Likewise, after the Second World War in Austria, Italy and Germany. This is the reason why what we are going to say concerning constitutional justice in the post-authoritarian regimes seems to be pertinent as to the recent development in Eastern Europe. We can understand this institutional revolution in terms of a simple and more or less unified model. The idea is simple: each of the European states is committed to maintaining