Civil Law Countries

Constitutional courts were then a feature of civil law countries. Unlike common law countries where constitutional adjudication was conducted within and as part of the normal court system, Constitutional Courts were established apart from the ordinary courts. Specialised constitutional courts fitted well into the judicial architecture of civil law countries with their detailed codes and different court systems where there is less emphasis on judge-made law and precedent than is the case in common law countries. A specialised constitutional court with exclusive jurisdiction in constitutional matters was calculated to promote legal certainty in constitutional matters, and to avoid conflicting decisions being given on the constitutionality of legislation in the different courts. What is also relevant is that constitutional norms are expressed in general terms and leave greater room for interpretation than the detailed codes do.

This calls for different techniques than those used by judges of civil law courts in the application of codes to the facts of a particular case. Constitutional adjudication also has a greater political impact than other forms of adjudication. The establishment of constitutional courts allowed specialists in constitutional law to be appointed as judges to these courts, and for the adoption of special procedures for the

appointment of such judges.