OSCE/Karolina Sikorska Democratization 2008 Human Dimension Seminar on Constitutional Justice T he Human Dimension Seminar on Constitutional Justice, conducted by ODIHR in Warsaw on 14 and 16 May, brought together representatives of the participating States, experts and civil society actors to examine the role of constitutional justice in strengthening compliance with OSCE human dimension commitments. Seminar participants shared their experiences, discussed the challenges faced by constitutional courts in the OSCE region, and cited good practices to help address these challenges. The emphasis was on the critical importance of effective constitutional review to maintaining the rule of law in the OSCE area. Reviews of this type can only be effective when delivered by impartial constitutional-review bodies that enjoy independence from external pressures. Constitutional courts are vulnerable to such pressure due to the often politically and socially sensitive nature of the issues they handle. 24 Constitutional courts are an integral part of a system of checks and balances to ensure that power is not exercised by the executive branch alone, but shared with an independent judiciary and a representative parliament. Constitutional courts are able to interpret and clarify the boundaries of authority between the executive and legislature, to ensure the accountability of state institutions, and to assist in maintaining the stability of constitutional order. Seminar discussions stressed that the rule of law, as defined and understood in the OSCE human dimension, requires constitutional justices to interpret their national constitutional provisions in the spirit of what the OSCE’s Copenhagen Document of 1990 termed “the supreme value of human personality”. Participants emphasized that the protection of this higher set of values by constitutional courts is strengthened through regular dialogue Annual Report 2008 and the exchange of experiences among constitutional courts and international tribunals in the OSCE area. Special emphasis was placed on access to and the accessibility of constitutional justice. Participants discussed a variety of models enabling individuals to address constitutional courts and debated their comparative advantages. The benefits accruing from the existence of other channels – such as amicus curiae submissions – that allow for civil society input in cases heard by constitutional courts was also highlighted. Greater transparency in court proceedings through the live broadcasting of hearings, the publication of transcripts, and press-conferences was also cited as good practice to foster greater public confidence in the justice system. The summary of the Seminar discussions is available in both English and Russian on the ODIHR website.