"Towards a Multidimensional Conceptualization of Access to Justice on a Global Scale"

Friday, 11 July 2025: 00:15
Location: FSE015 (Faculty of Education Sciences (FSE))
Oral Presentation
Marta AURINO, Sciences Po Bordeaux, France
Access to justice is a critical factor in evaluating the role of constitutional courts within legal systems, particularly in European models. Historically, distinctions between different forms of constitutional justice have been based on the abstract or concrete nature of judgments, categories closely tied to the ways in which courts are accessed. As constitutional review has shifted towards a more subjective dimension, access mechanisms have evolved, expanding the powers and functions of courts. Constitutional courts, initially established to safeguard the constitutionality of laws, now handle a broader range of cases due to the increasing number of parties entitled to bring claims. However, access goes beyond the mere identification of trigger mechanisms granted by constitutional powers. It also opens the door to exploring, from a de iure condendo perspective, the possibility of introducing new judicial powers. This study investigates constitutional justice systems worldwide to analyze two key dimensions: the scope of access (A) and the subsequent expansion of court competences (B). To fully grasp the complexity of these dimensions, the research adopts an interdisciplinary approach, using empirical methods from social sciences, particularly Multiple Correspondence Analysis (MCA). This methodology helps reveal the nuances of dialogue between various constitutional justice systems and provides deeper insight into the dynamic relationships between them. Ultimately, the study seeks to offer a comprehensive understanding of the impact of access to justice on the evolving role of constitutional courts.