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Constitutional Review
Constitutional review, or constitutionality review or constitutional control, is the evaluation, in some countries, of the constitutionality of the laws. It is supposed to be a system of preventing violation of the rights granted by the constitution, assuring its efficacy, their stability and preservation. There are very specific cases in which the constitutional review differs from common law to civil law as well as judicial review in general. Written and rigid constitutions exist in most countries, represent the supreme norm of the juridical order, and are on the top of the pyramid of norms. Also called ''fundamental law'', ''supreme law'', ''law of the laws'', ''basic law'', they have more difficult and formal procedures to updating them than other laws, which are ''sub-constitutional''. The term "constitutional review" is usually characterized as a Civil Law concept, but some of the ideas behind it come from Common Law countries with written constitutions. For instance, the U ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Country
A country is a distinct part of the world, such as a state, nation, or other political entity. It may be a sovereign state or make up one part of a larger state. For example, the country of Japan is an independent, sovereign state, while the country of Wales is a component of a multi-part sovereign state, the United Kingdom. A country may be a historically sovereign area (such as Korea), a currently sovereign territory with a unified government (such as Senegal), or a non-sovereign geographic region associated with certain distinct political, ethnic, or cultural characteristics (such as the Basque Country). The definition and usage of the word "country" is flexible and has changed over time. ''The Economist'' wrote in 2010 that "any attempt to find a clear definition of a country soon runs into a thicket of exceptions and anomalies." Most sovereign states, but not all countries, are members of the United Nations. The largest country by area is Russia, while the smalle ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Separation Of Powers
Separation of powers refers to the division of a state's government into branches, each with separate, independent powers and responsibilities, so that the powers of one branch are not in conflict with those of the other branches. The typical division is into three branches: a legislature, an executive, and a judiciary, which is sometimes called the model. It can be contrasted with the fusion of powers in parliamentary and semi-presidential systems where there can be overlap in membership and functions between different branches, especially the executive and legislative, although in most non-authoritarian jurisdictions, the judiciary almost never overlaps with the other branches, whether powers in the jurisdiction are separated or fused. The intention behind a system of separated powers is to prevent the concentration of power by providing for checks and balances. The separation of powers model is often imprecisely and metonymically used interchangeably with the ' princ ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Rule Of Law
The rule of law is the political philosophy that all citizens and institutions within a country, state, or community are accountable to the same laws, including lawmakers and leaders. The rule of law is defined in the ''Encyclopedia Britannica'' as "the mechanism, process, institution, practice, or norm that supports the equality of all citizens before the law, secures a nonarbitrary form of government, and more generally prevents the arbitrary use of power." The term ''rule of law'' is closely related to constitutionalism as well as '' Rechtsstaat'' and refers to a political situation, not to any specific legal rule. Use of the phrase can be traced to 16th-century Britain. In the following century, the Scottish theologian Samuel Rutherford employed it in arguing against the divine right of kings. John Locke wrote that freedom in society means being subject only to laws made by a legislature that apply to everyone, with a person being otherwise free from both governmental ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
List Of Constitutional Courts
A constitutional court is a high court that deals primarily with constitutional law. Its main authority is to rule on whether laws that are challenged are in fact unconstitutional, i.e. whether they conflict with constitutionally established rules, rights, and freedoms, among other things. In 1919 the First Austrian Republic established the first dedicated constitutional court, the Constitutional Court of Austria, which however existed in name only until 10 October 1920, when the country's new constitution came into effect, upon which the court gained the power to review the laws of Austria's federal states. The 1920 Constitution of Czechoslovakia, which came into effect on 2 February 1920, was the first to provide for a dedicated court for judicial review of parliamentary laws, but the court did not convene until November 1921. The organization and competences of both courts were influenced by constitutional theories of Hans Kelsen. Subsequently, this idea of having a se ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Judicial Review
Judicial review is a process under which executive, legislative and administrative actions are subject to review by the judiciary. A court with authority for judicial review may invalidate laws, acts and governmental actions that are incompatible with a higher authority: an executive decision may be invalidated for being unlawful or a statute may be invalidated for violating the terms of a constitution. Judicial review is one of the checks and balances in the separation of powers: the power of the judiciary to supervise the legislative and executive branches when the latter exceed their authority. The doctrine varies between jurisdictions, so the procedure and scope of judicial review may differ between and within countries. General principles Judicial review can be understood in the context of two distinct—but parallel—legal systems, civil law and common law, and also by two distinct theories of democracy regarding the manner in which government should be organized ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Judicial Interpretation
Judicial interpretation is the way in which the judiciary construes the law, particularly constitutional documents, legislation and frequently used vocabulary. This is an important issue in some common law jurisdictions such as the United States, Australia and Canada, because the supreme courts of those nations can overturn laws made by their legislatures via a process called judicial review. For example, the United States Supreme Court has decided such topics as the legality of slavery as in the ''Dred Scott'' decision, and desegregation as in the ''Brown v Board of Education'' decision, and abortion rights as in the ''Roe v Wade'' decision. As a result, how justices interpret the constitution, and the ways in which they approach this task has a political aspect. Terms describing types of judicial interpretation can be ambiguous; for example, the term ''judicial conservatism'' can vary in meaning depending on what is trying to be "conserved". One can look at judicial int ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Constitutional Review Commission (Tanzania)
The Tanzanian Constitutional Review Commission is the national commission established as per the Constitutional Review Act of 2011 for the collection of public opinion on the review of the Constitution of Tanzania and its validation via a referendum. Key aspects of the review were legal frameworks for the state of the union, the presidency and the contentious aspect of human rights, which were included in an amendment after public protests. On 6 April 2012 President Jakaya Kikwete appointed the former Attorney General and Prime Minister Joseph Warioba as its chairman and the former Chief Justice Augustino Ramadhani as its vice chairman. The Commission was expected to complete its task by October 2013, with an estimated cost of TSh 40 billion during the 2012/13 fiscal year. The commission collected views from citizens of different regions within the country and prepared two constitutional drafts for discussion and vote by the National constituent assembly. The assembly w ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Constitutional Review In Germany
The constitution ( Grundgesetz) of the Federal Republic of Germany establishes a separate Federal Constitutional Court of Germany (Bundesverfassungsgericht) that is empowered with reviewing acts of the legislature (which mainly refers to the Federal Republic's Congress – the Bundestag and Bundesrat) for their constitutionality. Most states (Bundesländer) also have separate courts for the according purpose. These are separate Supreme Courts that do not deal with appellate cases in civil and criminal law – but rather, just in constitutional cases. The Federal Constitutional Court of Germany can also review and reject constitutional amendments on the grounds that they are contradictory to the rest of the Federal Constitution ("Verfassungswidriges Verfassungsrecht"), unlike, for instance, the Supreme Court of the United States and the Supreme Court of Canada. External links * * * German constitutional law Germany Germany,, officially the Federal Republic of Ger ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
European Convention On Human Rights
The European Convention on Human Rights (ECHR; formally the Convention for the Protection of Human Rights and Fundamental Freedoms) is an international convention to protect human rights and political freedoms in Europe. Drafted in 1950 by the then newly formed Council of Europe,The Council of Europe should not be confused with the Council of the European Union or the European Council. the convention entered into force on 3 September 1953. All Council of Europe member states are party to the Convention and new members are expected to ratify the convention at the earliest opportunity. The Convention established the European Court of Human Rights (generally referred to by the initials ECHR). Any person who feels their rights have been violated under the Convention by a state party can take a case to the Court. Judgments finding violations are binding on the States concerned and they are obliged to execute them. The Committee of Ministers of the Council of Europe monitors ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Constitution Of The Netherlands
The Constitution for the Kingdom of the Netherlands ( nl, Grondwet voor het Koninkrijk der Nederlanden) is one of two fundamental documents governing the Kingdom of the Netherlands as well as the fundamental law of the European territory of the Kingdom of the Netherlands. It is generally seen as directly derived from the one issued in 1815, constituting a constitutional monarchy; it is the third oldest constitution still in use worldwide. A revision in 1848 instituted a system of parliamentary democracy. In 1983, a major revision of the Constitution of the Netherlands was undertaken, almost fully rewriting the text and adding new civil rights. The text is sober, devoid of legal or political doctrine and includes a bill of rights. It prohibits the judiciary to test laws and treaties against the constitution, as this is considered a prerogative of the legislature. There is no constitutional court in the Netherlands, except for the Constitutional Court of Sint Maarten which only g ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Monism And Dualism In International Law
The terms monism and dualism are used to describe two different theories of the relationship between international law and national law. Many states, perhaps most, are partly monist and partly dualist in their actual application of international law in their national systems. Monism Monists accept that the internal and international legal systems form a unity. Both national legal rules and international rules that a state has accepted, for example by way of a treaty, determine whether actions are legal or illegal. In most so-called "monist" states, a distinction between international law in the form of treaties, and other international law, e.g., customary international law or jus cogens, is made; such states may thus be partly monist and partly dualist. In a pure monist state, international law does not need to be translated into national law. It is simply incorporated and has effect automatically in national or domestic laws. The act of ratifying an international treaty immed ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Charter For The Kingdom Of The Netherlands
The Charter for the Kingdom of the Netherlands (in Dutch: ''Statuut voor het Koninkrijk der Nederlanden''; in Papiamentu: ''Statuut di Reino Hulandes'') is a legal instrument that sets out the political relationship between the four countries that constitute the Kingdom of the Netherlands: Aruba, Curaçao, and Sint Maarten in the Caribbean and the Netherlands (for the most part) in Europe. It is the leading legal document of the Kingdom. The Constitution of the Netherlands and the Basic Laws of the three other countries are legally subordinate to the Charter. History The first version of the Charter, which described the relationship between the Netherlands, Suriname, and the Netherlands Antilles, was signed by Queen Juliana on 15 December 1954. This version lasted for a couple of decades until 25 November 1975, when Suriname became an independent republic. In the Netherlands Antilles, the idea of one state never enjoyed the full support of all the islands, and Aruba seceded o ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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