Constitutional court
High court ruling on constitutionality of laws.
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.
- Influential theorist
- Hans Kelsen
- Known as
- Austrian System
Lore & Background
Some countries do not have separate constitutional courts but delegate constitutional judicial authority to their ordinary court system, with final decision-making power resting in the supreme ordinary court. Such courts are sometimes also called 'constitutional courts'.
Reader's Guide
The concept of a dedicated constitutional court represents a significant development in constitutional law, providing a specialized body to adjudicate the constitutionality of legislation. Originating in early 20th-century Europe, particularly through the Austrian System influenced by Hans Kelsen, this model spread to many countries, offering a distinct alternative to the American system of judicial review by ordinary courts. The establishment of such courts reflects a desire for a focused, expert institution to safeguard constitutional principles, separate from the regular judiciary. Subnational constitutional courts, as seen in German states and former Yugoslav republics, extend this principle to federal or regional levels, allowing for review of local laws against regional constitutions. The existence of these courts, whether at national or subnational level, underscores the importance of constitutional supremacy and the rule of law, though their powers and structures vary.
Frequently Asked Questions
What is a Constitutional court?
A Constitutional court is a high court whose primary focus is constitutional law. Its core function is to determine whether a challenged statute actually conflicts with the constitutionally established rules, rights, and freedoms of a given state.
Which theorist is most associated with the Constitutional court model?
Hans Kelsen is the influential theorist whose ideas shaped the design of what is commonly called the Austrian System of constitutional adjudication.
Why is the Constitutional court important in a legal system?
It acts as the high-court safeguard that ensures ordinary legislation does not override the fundamental rules, rights, and freedoms enshrined in the constitution. Without it, there would be no dedicated judicial mechanism to strike down laws that violate those higher norms.
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