Rethinking the role of constitutional jurisdictions through a comparative and empirical approach

• Department of Law

The Constitutional Law and Politics Working Group is delighted to invite you to Dr. Marta Aurino (Sciences Po)'s presentation on Rethinking the role of constitutional jurisdictions through a comparative and empirical approach.

Abstract

This presentation proposes a reassessment of traditional models of constitutional justice through a comparative and empirical perspective. The classical distinction between the American and European models, when confronted with the growing diversity of constitutional justice systems around the world, reveals significant conceptual limitations. To move beyond these boundaries, two analytical directions emerge: one seeks to develop new theoretical models based on renewed criteria, while the other aims to design innovative analytical tools better suited to contemporary complexity. It is this second, less explored approach that lies at the core of this work. Drawing on an empirical analysis of constitutional justice systems worldwide and using correspondence analysis as a multidimensional analytical method, this research develops a new analytical tool capable of representing the diversity of legal systems in a fluid and evolving perspective. The tool takes into account contextual variations as well as the multiple interactions shaping constitutional adjudication. Rather than classifying systems according to rigid criteria, it situates them within an open and dynamic framework that reflects the complexity of their interactions. The central objective is to achieve a deeper understanding of the role of constitutional judges by examining their intervention in light of the standards of constitutional review, access to justice mechanisms, and the powers vested in constitutional courts. By adopting an empirical and multidimensional methodology, this work moves beyond traditional frameworks in order to embrace the complexity and plurality of contemporary legal realities, while also creating a valuable didactic tool.

Speaker

Marta Aurino holds a PhD in Public Law from the Universities of Bordeaux and Naples Federico II, and is currently a postdoctoral researcher at Sciences Po and former Visiting Fellow at the Law Department of the EUI. Her research mainly focuses on constitutional justice, both from national and comparative perspectives, as well as on empirical approaches to law, authoritarian constitutionalism and legal theory.