Part IV

Boštjan M. Zupančič, Professor, Dipl.iur. (Lab.), L.L.M., S.J.D. (Harvard), Judge of the Constitutional Court of Slovenia, Member of the UN Committee Against Torture, “From Confrontation to Contract: What Is the Constitution?”

Democracy derives from the fundamental social contract, namely the constitution. Thus, the constitution is, par excellence, a legal phenomenon that is no different from other types of contracts. The most important distinction between the constitution and other contracts lies in the absence of any sanctions.

The functional purpose of the decisions of the courts empowered to interpret the constitution constitutes the ultimate manifestation and proof of the existence of a true rule of law. The decision-making power and authority vested in the supreme judges who interpret the Constitution must derive from the authority of the contract they are interpreting.

Keywords: Constitution, social contract, constitutional judge