Constitutional Court


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Constitutional Court

 

in some foreign countries, a special agency whose sole or main function is constitutional supervision.

Unlike ordinary supreme courts, the constitutional court does not belong to the system of courts of general jurisdiction. The members of the constitutional court are either elected by the parliament (the Federal Constitutional Court in the Federal Republic of Germany) or appointed by the head of state (Austria and Cyprus). Sometimes the members of the constitutional court are appointed by the parliament or by other agencies of authority or justice; for example, in Italy an equal number of the members of the constitutional court are appointed by the president, parliament, and judiciary. In addition to carrying out constitutional supervision, the constitutional court has the right to interpret the constitution, decides whether the activities of political parties conform to the constitution, and considers disputes over jurisdiction. In practice, the activity of the constitutional court in contemporary bourgeois states is directed toward adapting the constitution in force to the needs of the ruling class as much as possible.

Constitutional courts exist in two socialist countries, Czechoslovakia and Yugoslavia. In Czechoslovakia there are constitutional courts of the federation as well as of the member Czech and Slovak republics. The members of the courts are elected for seven-year terms by the Federal Assembly of the Czechoslovak Socialist Republic and by the National Councils of the Czech and Slovak republics, respectively. In Yugoslavia the constitutional court is elected by the Federal Assembly; half the members retire every four years. The members of the constitutional courts of the constituent republics are chosen by the republic assemblies.

References in periodicals archive ?
In the view of the a posteriori control of constitutional challenge, for the primary regulation normative documents, in the interpretation that was given through sentences on appeal, in the interest of the law (Constitutional Court Decisions no.
In June 2012, NISS suspended al-Tayyar indefinitely and allowed it to reopen in March 2014 upon a ruling of the Constitutional Court. However, it suspended the newspaper again on December 15, 2015.
He even said that the court's judges should be investigated on charges of attempting a coup, adding: "The Constitutional Court put itself in the place of the local court and usurped its power.
For the same purpose, international laws and commitments may be referred to the Constitutional Court before their enactment or ratification by the Sovereign, the head of government, the speaker of the House of Representatives, the speaker of the House of Advisers, or by the fifth of the members of the House of Representatives or forty members of the House of Advisers.
"The Constitutional Court's verdict must not need any comments or explanations," the ombudsman said.
The Supreme Constitutional Court is composed of a chief justice and 10 justices as per the new constitution.
Tokushev was appointed as Constitutional Court member by former left-wing President Georgi Parvanov (2002-2012).
A constitutional complaint may have a very wide scope and it can constitute the basis for proceedings before the Constitutional Court in connection with any constitutionally guaranteed right or freedom (Croatia, Germany, Serbia, Slovenia), or it may have a limited reach and apply only to rights and freedoms explicitly singled out in the Constitution (Macedonia).
In response, the state argued that there is not one African country that has declared the practice unconstitutional, and asked the Ugandan Constitutional Court not to set the wrong precedent.
Justice Iftikhar Muhamamd Chaudhry who is currently on a 3-day visit to Turkey at the invitation of the President of the Constitutional Court of Turkey.
It is, of course, not the place here to engage in an extended disquisition on the Constitutional Court of the Federal Republic of Germany--although many readers may not be immediately familiar with this institution.

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