Eleanor Finch
A constitutional court is a high court that deals primarily with constitutional law. Its main authority is to rule on whether challenged laws are unconstitutional, i.e. whether they conflict with constitutionally established rules, rights, and freedoms. The Austrian Constitutional Court, established in 1921, is the oldest constitutional court in the world. Many countries have since adopted the Austrian System, including Liechtenstein, Greece, Spain, and Germany. The US Supreme Court, established in 1789, is also considered one of the oldest constitutional courts in the world. Constitutional courts are also present in Latin America, with examples in Bolivia, Chile, Colombia, and Guatemala.
| Characteristics | Values |
|---|---|
| Highest court on constitutional matters | South Africa, United States, Canada, Australia, Germany, Great Britain |
| Jurisdiction restricted to constitutional matters | South Africa, United States, Canada, Australia, Germany, Great Britain |
| Judicial review | United States, Canada, Australia, Germany, Great Britain, Finland, France |
| Special constitutional remedies | Latin America |
| Erga omnes effects of judicial review | Latin America, Great Britain |
| Separate from other branches of government | Pennsylvania, Vermont |
| Special constitutional court | Austria, Liechtenstein, Greece, Spain, Germany |
| Constitutional council without judicial powers | Bashkortostan, Tatarstan, Sakha |
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What You'll Learn
Judicial review
A constitutional court is a high court that deals primarily with constitutional law. Its main authority is to rule on whether challenged laws are unconstitutional, i.e. whether they conflict with constitutionally established rules, rights, and freedoms.
The Austrian System, established in 1921, is a notable example of a constitutional court. It is the world's oldest such court and only hears cases concerning the constitutionality of the national legislature's acts. This system has been adopted by many other countries, including Liechtenstein (1925), Greece (1927), Spain (1931), and Germany (1949).
Constitutional courts are also found in Latin America, with Bolivia, Chile, Colombia, and Guatemala as examples. There are also mixed systems in Europe, such as those in Ireland and Estonia.
The concept of judicial review, or the ability of a court to declare a legislative or executive act in violation of the constitution, is a key power of constitutional courts. This power is not always explicitly stated in the text of the constitution but is a logical conclusion drawn from the higher-law status of the constitution. Judicial review plays a crucial role in ensuring that each branch of government recognises the limits of its power and protects civil rights and liberties.
In some countries, constitutional cases are left to the ordinary courts, but they may recognise the special nature of constitutional litigation by concentrating it in a supreme court or creating special constitutional remedies.
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Constitutional matters
A constitutional court is a high court that deals primarily with constitutional law. Its main authority is to rule on whether challenged laws are unconstitutional, i.e. whether they conflict with constitutionally established rules, rights, and freedoms.
The concept of judicial review, or the ability of a court to declare a Legislative or Executive act in violation of the Constitution, is a power shared by all courts in some countries, including the US. In other countries, judicial review is expressly excluded. Judicial control of the political system has become a defining element of modern democracies.
In some countries, constitutional cases are left to the ordinary courts, but the special nature of constitutional litigation is recognised by concentrating it in a supreme court or special chambers.
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Constitutional control
A constitutional court is a high court that deals primarily with constitutional law. Its main authority is to rule on whether challenged laws are unconstitutional, i.e. whether they conflict with constitutionally established rules, rights, and freedoms.
The idea of having a separate constitutional court that solely hears cases concerning the constitutionality of the national legislature's acts is known as the Austrian System, established in 1921. This system has been adopted by many countries, including Liechtenstein, Greece, Spain, and Germany. Some countries, like the United Kingdom and New Zealand, have flexible constitutions that are at the disposal of lawmakers. In such cases, the Supreme Court may develop general principles, such as the principle of human dignity, to control the lawmaker.
In Latin America, many countries have established constitutional courts, including Bolivia, Chile, Colombia, and Guatemala. There are also examples of mixed systems in Europe, such as Ireland and Estonia. The European Convention on Human Rights (ECHR) has added an international dimension to constitutional control by allowing individuals to sue their governments for human rights violations in an international forum.
Overall, constitutional control is a crucial aspect of ensuring that the government acts within the boundaries set by the constitution and protecting the rights and freedoms of citizens. It plays a decisive role in bringing the inherited legal culture into conformity with the constitutional model.
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Separation of powers
A constitutional court is a high court that deals primarily with constitutional law. Its main authority is to rule on whether challenged laws are unconstitutional, i.e. whether they conflict with constitutionally established rules, rights, and freedoms.
The concept of a constitutional court is integral to the idea of the separation of powers. The separation of powers is a fundamental way of ensuring that one part of the government does not overpower another. The three branches of government—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. For example, federal laws are passed by Congress and signed by the President, but judges depend on the executive branch to enforce court decisions.
The US Supreme Court, established by Article III of the US Constitution, is the highest court in the United States. It plays a crucial role in the separation of powers by serving as a court of last resort, ensuring each branch of government recognises the limits of its power, and protecting civil rights and liberties. The Supreme Court's power of judicial review allows it to declare a Legislative or Executive act in violation of the Constitution. This power was established in the case of Marbury v. Madison in 1803, where the Court decided that an Act of Congress contrary to the Constitution could not stand.
The Austrian System, which involves a separate constitutional court that only hears cases concerning the constitutionality of the national legislature's acts, has been adopted by many countries, including Austria, Liechtenstein, Greece, Spain, and Germany. In some countries, constitutional cases are left to the ordinary courts, but the final decision-making power rests in a supreme ordinary court.
Constitutional courts have been established in several countries in Latin America, including Bolivia, Chile, Colombia, and Guatemala. There are also examples of mixed systems in Europe, such as in Ireland and Estonia.
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Judicial control
A constitutional court is a high court that deals primarily with constitutional law. Its main authority is to rule on whether challenged laws are unconstitutional, i.e. whether they conflict with constitutionally established rules, rights, and freedoms.
In some countries, such as the United States, the Supreme Court serves as the highest judicial authority and exercises judicial control. The US Supreme Court's power of judicial review was established in the landmark case of Marbury v. Madison in 1803. This case affirmed the principle that the Constitution is the supreme law of the land, and the Court has the authority to declare acts of Congress unconstitutional if they violate constitutional provisions. The US Supreme Court also protects civil rights and liberties by striking down laws that contravene the Constitution and sets limits on democratic government to safeguard minority rights.
Other countries have established separate constitutional courts to exercise judicial control. For example, the Austrian Constitutional Court, established in 1921, is the oldest constitutional court in the world. Following the Austrian System, countries like Liechtenstein, Greece, Spain, and Germany established their own constitutional courts. These courts are specifically designed to hear cases concerning the constitutionality of legislation and government actions.
In some cases, countries without a separate constitutional court delegate constitutional judicial authority to their ordinary court system, with the final decision-making power resting in a supreme ordinary court. For instance, Latin American countries have a mixed system where constitutional cases are handled by ordinary courts, but they recognise the specialised nature of constitutional litigation by concentrating it in a supreme court or creating special constitutional remedies.
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Frequently asked questions
A constitutional court is a high court that deals primarily with constitutional law. Its main authority is to rule on whether challenged laws are unconstitutional, i.e. whether they conflict with constitutionally established rules, rights, and freedoms.
Examples of constitutional courts include the Supreme Court of the United States, the Constitutional Court of Germany, and the Constitutional Court of South Africa.
In some countries, there are separate constitutional courts, while in others, constitutional matters are delegated to the ordinary court system, with the final decision-making power resting in the supreme court.
