The Role of Courts in Democracies 

– Between Defending Democracies 
 and Avoiding Becoming a Legislator –

Courts play a central role in constitutional democracies: they safeguard constitutional rights, review the exercise of public power and, in critical moments, may contribute to the protection of democratic order itself. At the same time, courts must remain within the limits of their judicial mandate and avoid substituting parliamentary decision-making with judicial law-making. This panel discusses this tension from the perspectives of constitutional and human rights adjudication. Dr. Ingrid Siess-Scherz, Judge at the Austrian Constitional Court, will address the role of the Austrian Constitutional Court, including in matters such as electoral challenges and decisions concerning referenda, as well as the delegation of political decisions to it, where the Court acts within a defined constitutional mandate. Prof. Dr. Vasilka Sancin, Judge at the European Court of Human Rights, will reflect on the role of the European Court of Human Rights in safeguarding democratic principles, and on the broader question of whether and how the Court understands democracy as part of its mandate.