Simone Lawson
Constitutional courts are specialized courts with jurisdiction over constitutional matters. They exist in most civil law countries in Western Europe and almost all new democracies in Eastern Europe. There are two types of constitutional courts: those that are dedicated to hearing cases concerning the constitutionality of the national legislature's acts, and those that delegate constitutional authority to their ordinary court system, with the final decision-making power resting in the supreme ordinary court. The former is known as the Austrian System, which was first implemented in Czechoslovakia in 1920 and has since been adopted by many other countries. The latter is exemplified by countries such as France, which has developed its Conseil Constitutionnel into a genuine constitutional jurisdiction.
| Characteristics | Values |
|---|---|
| Type of Court | Constitutional Court |
| Court Structure | Two parallel supreme courts: one for civil and criminal cases and one for administrative cases |
| Court Function | Ruling on whether laws are unconstitutional, i.e., whether they conflict with constitutionally established rules, rights, and freedoms |
| Court Hierarchy | Highest court in the nation, with various state and federal courts subordinate to it |
| Judge Selection | Reconcile democratic legitimacy and safeguards for independence, with a stronger political element in the selection process |
| Judge Tenure | Life tenure in some courts, such as the US Supreme Court |
| Court Jurisdiction | Specialized jurisdiction over constitutional matters, including judicial review of legislation and adjudication of constitutional disputes |
| Court Precedent | Set important legal precedents and make decisions that guide lower courts |
| Court Powers | Broader judicial powers to uphold the principles of the Constitution and protect individual rights and liberties |
| Court System | Exist in most civil law countries of Western Europe and many new democracies in Eastern Europe |
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What You'll Learn
Constitutional courts rule on the constitutionality of laws
Constitutional courts are an integral part of the judiciary, responsible for ensuring that laws and government actions adhere to the constitution. They are primarily tasked with ruling on the constitutionality of challenged laws, determining whether they conflict with established constitutional rules, rights, and freedoms. This power of judicial review is a cornerstone of constitutional courts' authority, enabling them to safeguard the nation's constitutional framework and set legal precedents.
The concept of constitutional courts emerged in the aftermath of World War II and gained traction during periods of constitutional transition. These courts exist in most civil law countries in Western Europe and many new democracies in Eastern Europe. The Austrian System, influenced by Hans Kelsen's constitutional theories, advocates for a separate constitutional court dedicated solely to adjudicating cases concerning the constitutionality of national legislative acts. Countries like Czechoslovakia, Liechtenstein, Greece, Spain, and Germany have adopted this model.
In contrast, the United States judicial system operates with two categories of federal courts: Article III courts (Constitutional courts) and Article I courts (legislative courts). While Article III courts, such as the U.S. Supreme Court, possess broad judicial powers and judges with life tenure, Article I courts have specific functions defined by Congress. The U.S. Supreme Court, despite bearing the name "Supreme," differs from typical supreme courts in its intense focus on cases with constitutional implications, earning its inclusion in discussions about constitutional courts.
The selection of judges for constitutional courts aims to balance judicial independence and democratic legitimacy. This balance is reflected in various appointment processes, such as super-majorities, distribution of nominating rights among constitutional organs, and the inclusion of professional bodies in the nomination process. Constitutional courts play a pivotal role in upholding the constitution, protecting citizens' rights, and maintaining the balance of power within the federal government.
Constitutional courts have the crucial task of ruling on the constitutionality of laws, ensuring that the government's actions and legislation align with the foundational principles enshrined in the constitution. This power of judicial review and interpretation allows constitutional courts to shape the legal landscape and safeguard the rights and freedoms of citizens.
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They exist in most civil law countries of Western Europe
Constitutional courts are specialised courts with jurisdiction over constitutional matters. They primarily deal with constitutional law and rule on whether challenged laws are unconstitutional, i.e. whether they conflict with constitutionally established rules, rights, and freedoms.
Constitutional courts exist in most civil law countries in Western Europe and almost all the new democracies in Eastern Europe. They are also present in several republics of Russia, where they are known as constitutional or charter courts, depending on the region.
The idea of a separate constitutional court that only hears cases concerning the constitutionality of the national legislature's acts is known as the Austrian System. This system was first implemented in Czechoslovakia in 1920 and was subsequently adopted by countries such as Liechtenstein, Greece, Spain, and Germany.
In civil law countries, there are typically at least two parallel supreme courts: one for civil and criminal cases and one for administrative cases. The emergence of constitutional courts has raised questions about the distribution of power at the supreme judicial level and how judicial power should be allocated between the old and new courts.
Constitutional courts in Western Europe include those of Germany, Italy, Poland, and France. France, for example, has developed its "Conseil Constitutionnel" into a genuine constitutional jurisdiction. Germany has several state constitutional courts, such as the Constitutional Court of Baden-Württemberg and the Bavarian Constitutional Court, which have the power of judicial review.
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They are separate from ordinary courts
Constitutional courts are separate from ordinary courts in several ways. Firstly, they are specialized courts with jurisdiction over constitutional matters, while ordinary courts handle a wider range of cases, including civil, criminal, and administrative cases. Constitutional courts primarily deal with constitutional law and have the authority to rule on the constitutionality of challenged laws, ensuring they do not conflict with constitutionally established rules, rights, and freedoms.
Secondly, the selection of judges for constitutional courts tends to be more politically focused than that of ordinary courts. The process aims to balance democratic legitimacy with judicial independence. For example, Germany uses a super-majority election, resulting in equal appointment rights between the government and the opposition. Austria, France, and Italy distribute nominating rights among different constitutional organs, and Italy includes professional bodies in the nominating process.
Thirdly, constitutional courts are typically established as a separate branch of government, independent from the legislative and executive branches. This separation of powers is a fundamental way to balance power and ensure that no one branch of government becomes too powerful. The US Supreme Court, for instance, is part of the judicial branch, separate from the legislative and executive branches, and has the authority to decide the constitutionality of federal laws.
Finally, constitutional courts set important legal precedents and make decisions that guide lower courts, including ordinary courts. They play a critical role in upholding the principles of the Constitution and protecting citizens' rights and liberties. In contrast, ordinary courts focus on resolving disputes and determining the facts and applicable laws for each case.
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They are typically established under Article III of the Constitution
Article III of the U.S. Constitution establishes the judicial branch as one of the three separate and distinct branches of the federal government. These three branches—the legislative, executive, and judicial—operate within a constitutional system of "checks and balances". This means that while each branch is formally separate from the other two, the Constitution often requires cooperation among the branches.
Article III separates and places the judicial power in the judiciary. This idea is most often attributed to Montesquieu, whose writing on the separation of power in "The Spirit of Laws" was immensely influential on the U.S. Constitution.
Article III of the Constitution vests the judicial power of the United States in "one supreme Court", as well as inferior courts established by Congress. The Supreme Court is the only federal court that is explicitly established by the Constitution. The judicial power extends to all cases in law and equity arising under the Constitution, the laws of the United States, and treaties made or to be made under their authority.
Section 1 of Article III authorises the creation of inferior courts but does not require it. The first inferior federal courts were established shortly after the ratification of the Constitution with the Judiciary Act of 1789. Section 1 also establishes that federal judges do not face term limits and that an individual judge's salary may not be decreased.
Article III does not set the size of the Supreme Court or establish specific positions on the court, but Article One establishes the position of chief justice. Along with the Vesting Clauses of Article One and Article Two, Article Three's Vesting Clause establishes the separation of powers among the three branches of government.
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They set important legal precedents
Constitutional courts are specialized courts with jurisdiction over constitutional matters. They primarily deal with constitutional law and set important legal precedents. These courts play a critical role in upholding the principles of the Constitution and protecting citizens' rights. They ensure that laws and government actions are in line with the Constitution, acting as a check on the powers of the other branches of government.
Constitutional courts have the authority to rule on the constitutionality of challenged laws, determining whether they conflict with constitutionally established rules, rights, and freedoms. This power of judicial review is a key aspect of their function. The concept of a separate constitutional court was first introduced in the 1920 Constitution of Czechoslovakia and subsequently adopted by many other countries, becoming known as the Austrian System.
The United States judicial system includes both constitutional and legislative courts. Constitutional courts in the US, such as the Supreme Court, have broad judicial powers and judges who serve for life. These courts handle cases with constitutional implications and set precedents that guide lower courts. The US Supreme Court, however, is considered atypical compared to other constitutional courts due to its focus on cases with constitutional significance and the selection of judges with their constitutional role in mind.
The selection of judges for constitutional courts aims to balance judicial independence and democratic legitimacy. The process tends to be more openly political than in ordinary courts, with law professors and former politicians being highly represented. The specific selection methods vary across different countries, reflecting their unique constitutional designs and democratic principles.
The establishment of constitutional courts has been regarded as a successful improvement on traditional European concepts of democracy and the rule of law. By concentrating on constitutional matters, these courts provide a specialized forum for addressing constitutional disputes and interpreting laws in relation to constitutional provisions. Their decisions shape the legal landscape and guide lower courts in their application of constitutional principles.
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Frequently asked questions
Constitutional courts are specialized courts with jurisdiction over constitutional matters. They exist in most civil law countries in Western Europe and almost all new democracies in Eastern Europe.
The two types of constitutional courts are Article III courts (Constitutional courts) and Article I courts (legislative courts).
Article III courts are established under Article III of the US Constitution. These courts have broad judicial powers and judges who serve for life.
Article I courts are established by Congressional acts under Article I of the US Constitution. These courts fulfill specific judicial functions defined by Congress.
Constitutional courts set important legal precedents, make decisions that guide lower courts, and protect the integrity of the nation's constitutional framework. Legislative courts, on the other hand, are established by Congress to assist in the enforcement of laws and administer specific sectors of federal law.
