The Tripartite Division of Powers Principle. The Constitutional Tribunal and Judicial Activism

The article provides an analysis of activism of constitutional courts in the context of the principle of division of powers. The author shows that activism is an unavoidable phenomenon in judicial practice and that, due to the principle of judicial independence, it is difficult to scrutinize effectively this activism. In the author's opinion, there exist, however, instruments for more effective control of an excessive activism of constitutional courts. These instruments include, inter alia, application of strict rules of taking decisions by constitutional courts (qualified majority) and rigorous interpretation of the presumption of constitutionality of statutes, as well as adoption of such reasons-giving procedures for the decisions which will better fit the imperatives of constitutional policy. Nevertheless, the severe judgment of public opinion is the best guarantee for the decisions of constitutional courts.