Constitutional court theory

How does a court decide a constitutional issue?

Normally the judge in the ordinary civil or criminal court will frame and refer to the constitutional court the question that has arisen, and will need to be satisfied that the constitutional issue is material (i

e will afect the outcome) and that there is a real doubt as to the constitutionality of the law or decision involved

What is a Constitutional Court?

Briefly, the idea behind these depictions would be a constitutional court that is not a neutral, independent adjudicator of the constitution but rather an instrument at the service of the political actors that have control over it, a court that uses the constitution as an excuse to implement the preferences of its principals

Who invented the Constitutional Court?

Prior to the turn of the twentieth century, several specialized, constitutional ‘jurisdictions’ had appeared in Europe, notably in Austria and the Germanic states

The modern constitutional court, however, is largely the invention of Hans Kelsen

Constitutional court of Austria

The Constitutional Court in Austria is the tribunal responsible for judicial review.

The Peruvian Constitutional Court or Constitutional Tribunal is an independent constitutional agency of Peru that was established in the 1993 Constitution of Peru that was created during the government of Alberto Fujimori.
The court's members are nominated by the Congress of Peru; these nominations sometimes lack transparency and are based on political favors that nominees can provide to legislators.
Since May 2022, the Constitutional Court has been used to provide institutional strength to Fujimorists in Congress, according to IDL-Reporteros.

Categories