On an absurd model of constitutional court – Can a one-man (i.e., single-judge) Constitutional Court serve in a constitutional state?

Cservák, Csaba (2023) On an absurd model of constitutional court – Can a one-man (i.e., single-judge) Constitutional Court serve in a constitutional state? GLOSSA IURIDICA, 10 (1-2). pp. 73-80. ISSN 2064-6887

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Abstract

In my view, the fact that if a position is shared by more than one person can also create a kind of separation of powers, i.e. referring specifically to the different bodies. Namely: can a single-judge constitutional court be concep- tually constitutional and democratic if all the constitutional requirements of a constitutional state are met? During the covid period, many boards did not meet regularly, or at most approved proposals online. In principle, I see a very significant difference between having one or even three members, because the requirement of collective wisdom means that three members is a body. Rather, in the case of a genuine constitutional complaint, we can conclude that the constitutional court acts as a court of law, a body of one does not meet the requirements of a co-judicial body.

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