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Topic: Constitutional Court


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In the News (Wed 16 Dec 09)

  
  Constitutional Court of the Republic of Belarus - official page
Procedure of the activities of the Constitutional Court of the Republic of Belarus is specified by the Rules of Procedure of the Constitutional Court of the Republic of Belarus adopted of 18 September 1997.
Six judges of the Constitution of the Republic of Belarus shall be appointed by the President of the Republic of Belarus and six judges shall be elected by the Council of the Republic of the National Assembly.
The Chairperson of the Constitutional Court shall be appointed from among the judges by the President with the consent of the Council of the Republic of the Natinal Assembly.
ncpi.gov.by /ConstSud/eng   (1243 words)

  
 THE CONSTITUTIONAL COURT OF THE REPUBLIC OF CROATIA - THE CONSTITUTION OF REPUBLIC OF CROATIA   (Site not responding. Last check: 2007-11-07)
THE CONSTITUTIONAL COURT OF THE REPUBLIC OF CROATIA - THE CONSTITUTION OF REPUBLIC OF CROATIA
The Constitutional Court of the Republic of Croatia shall consist of thirteen judges elected by the Croatian Parliament for a term of eight years from among notable jurists, especially judges, public prosecutors, lawyers and university professors of law.
Amendments to the Constitution of the Republic of Croatia may be proposed by at least one- fifth of the members of the Croatian Parliament, the President of the Republic and the Government of the Republic of Croatia.
www.usud.hr /htdocs/en/the_constitution.htm   (10169 words)

  
 THE CONSTITUTIONAL COURT OF TURKEY   (Site not responding. Last check: 2007-11-07)
The Constitutional Court in particular is competent to control the constitutional validity of statutes passed by Parliament.
Although not mentioned in the Constitution, there must be, according to the organic law concerning the functions of the Constitutional Court, enough reporters for assisting in the works done by the Court (Article 16 of the Law of Organisation and Trial Procedures of the Constitutional Court).
In the Constitution of 1961 however, it was determined that if no decision should have been reached by the Constitutional Court within a period of six months, the court which had referred the matter must itself settle the question of constitutional validity and then decide on the case under consideration.
www.anayasa.gov.tr /court.htm   (2344 words)

  
 Federal Constitutional Court of Germany - Wikipedia, the free encyclopedia
The Federal Constitutional Court (in German: Bundesverfassungsgericht) is a special court established by the German Constitution, the Grundgesetz (Basic Law).
The court’s practice of enormous constitutional control frequency on the one hand, and the continuity in judicial self-restraint and political revision on the other hand, created a unique defender of the Grundgesetz since World War II and assigned a remarkably outstanding role in a modern democracy.
In addition, any regular court which has doubts about whether a law in question for a certain case is in conformance with the constitution may suspend that case and bring this law before the Federal Constitutional Court (procedure of Single Regulation Control).
www.leessummit.us /project/wikipedia/index.php/Federal_Constitutional_Court_of_Germany   (995 words)

  
 List of constitutional courts - Wikipedia, the free encyclopedia
A Constitutional Court is a high court found in many countries which deals primary with constitutional law.
Its main authority is to rule on whether or not challenged laws are in fact unconstitutional, and conflicting with constitutionally established rights and freedoms.
Many countries do not have separate constitutional courts, and instead delegate constitutional judicial authority to the Supreme Court.
en.wikipedia.org /wiki/Constitutional_Court   (131 words)

  
 ALBANIAN CONSTITUTION - PART EIGHT--CONSTITUTIONAL COURT
The Constitutional Court is composed of 9 members, which are appointed by the President of the Republic with the consent of the Assembly.
The Chairman of the Constitutional Court is appointed from the ranks of its members by the President of the Republic with the consent of the Assembly for a 3-year term.
The judge of the Constitutional Court can be removed from office by the Assembly by two-thirds of all its members for violations of the Constitution, commission of a crime, mental or physical incapacity, acts and behavior that seriously discredit the position and reputation of a judge.
www.ipls.org /services/kusht/cp8.html   (788 words)

  
 Donald Kommers - The Federal Constitutional Court: 50 Years   (Site not responding. Last check: 2007-11-07)
The occasion was appropriately festive and solemn: festive because the Court has exceeded the fondest hopes of its founders; solemn because the Court has come to be recognized as the mainstay of Germany's constitutional democracy.
Finally, the Court is empowered to hear the constitutional complaints of ordinary persons who allege a violation of one of their guaranteed rights under the Basic Law.
This enormous business load is just one indication of the extent to which German citizens have relied on the Court for the protection and defense of their constitutional rights, notwithstanding the fact that 95 percent of these complaints have been rejected.
www.aicgs.org /research/g2001/kommers.shtml   (632 words)

  
 The Court and Constitutional Interpretation
The Court is the highest tribunal in the Nation for all cases and controversies arising under the Constitution or the laws of the United States.
In this decision, the Chief Justice asserted that the Supreme Court's responsibility to overturn unconstitutional legislation was a necessary consequence of its sworn duty to uphold the Constitution.
The Constitution limits the Court to dealing with "Cases" and "Controversies." John Jay, the first Chief Justice, clarified this restraint early in the Court's history by declining to advise President George Washington on the constitutional implications of a proposed foreign policy decision.
teacher.scholastic.com /researchtools/articlearchives/civics/usgovt/judic/conint.htm   (1040 words)

  
 The Constitutional Court
The Constitutional Court, complying with the interpretation of the Court of Justice of the European union, does not have anymore the power to control the respect of the communitary regulations of the Italian laws that is instead done by the judges.
Another important function of the Constitutional Court is given from the resolution of the attribution conflicts between the State and the Regions or between the powers of the State.
Finally the Constitutional Court judged the President of the Republic in the cases in which the Parliament in ordinary session decides to process him for of high treason and attempt to the Constitution.
www.giurcost.org /traduzioni/inglese.html   (584 words)

  
 Constitutional Court - Croatia - Equal Employment Opportunities
The Constitutional Court is not a part of the legislative, executive or the judicial branch of the state, nor is it superimposed on them.
The right to make a constitutional complaint, for the purpose of protection of constitutional freedoms and rights, is regulated in articles 59 and 59a of the Constitutional Law on the Constitutional Court of the Republic of Croatia (OG No 99/99 and 29/2002).
However, the primary role of the Court is to adjudicate constitutional challenges to laws and subordinate legislation.
www.ilo.org /public/english/employment/gems/eeo/law/croatia/court5.htm   (231 words)

  
 ICL - Slovenia Index
23 Dec 1991: The Constitution of the Republic of Slovenia is adopted by the Slovene Parliament.
March 1990: The Slovene Parliament passes the Constitutional Amendments XCI-XCV which drop the term "socialist" from the Republic's name and establish the freedom to establish political organizations and equal rights of all political organizations.
28 June 1921: The Vidovdan Constitution is promulgated as a Serbian dominated centralist constitution.
www.oefre.unibe.ch /law/icl/si__indx.html   (995 words)

  
 EurasiaNet Civil Society - Constitutional Court Stirs Armenian Political Controversy
The court’s ruling admits that violations "that are incompatible with the further development of democracy" occurred at "separate polling precincts" during the voting and subsequent vote count.
Constitutional Court justices, including Gagik Haroutiunian, former vice-president under Levon Ter-Petrosian, were appointed in 1996.
The Constitutional Court’s relative independence may be a major factor behind its chilly relationship with Kocharian’s administration.
www.eurasianet.org /departments/civilsociety/articles/eav042303.shtml   (997 words)

  
 Contents of III. THE CONSTITUTIONAL COURT   (Site not responding. Last check: 2007-11-07)
At the end of 1988, all of the 144 regional court magistrates were white, while of 782 district court magistrates, 768 were white, 10 were Indian, 4 were colored and none were fl.
They further argued that judges deciding constitutional issues should not be insulated from the cut and thrust of daily courtroom litigation, as this is an essential element of judicial experience and provides the necessary training and proficiency for constitutional adjudication.
This has had a major effect on the type of decision handed down by the Court, although the narrow spectrum of political leanings among the Justices of the Constitutional Court is of crucial significance.
www.law.upenn.edu /conlaw/issues/vol1/num2/sarkin/node4_ct.html   (1523 words)

  
 IMPORTING THE LAW IN POST-COMMUNIST TRADITIONS: THE HUNGARIAN CONSTITUTIONAL COURT AND THE RIGHT TO HUMAN DIGNITY
In so doing, the Court replaced or reinterpreted the rights inherited from communism on the basis of human dignity…The new concept of rights developed by the Court led judges to nullify, almost systematically, the rules enacted under communism which were challenged before the Court (p.134).
Citing "modern constitutions" and their exemplification in the German model, the Hungarian Court, she suggests, adopted a convenient strategy for introducing Western conceptions of constitutionalism into a formerly Eastern bloc country, without the necessity to justify such a change in purely ideological or philosophical terms.
This is an interesting thesis, but again the point is stretched somewhat when she seeks to extend her argument, on the basis of a single case study, into a broader one concerning the contemporary characteristics of the process of legal globalisation generally.
www.bsos.umd.edu /gvpt/lpbr/subpages/reviews/Dupre204.htm   (1571 words)

  
 Latest News - Constitutional Court of BH   (Site not responding. Last check: 2007-11-07)
A large number of representatives from both the European and non-European courts attended the conference where the issues of organization of work of legal advisors supporting the work of judges and the information technology supporting and improving constitutional court operations were discussed.
This, however, resulted in a drastic increase in the workload of constitutional courts, and consequently in more work, which is why they needed aid and support to be provided by legal advisors.
Based on the presentations, it can be said that all courts of new democracies have promptly adjusted to the requirements of the information technology, which is on daily basis used in their internal organizational system, as well as in daily communications with public.
www.ccbh.ba /Default.aspx?lang=en&page=board/news   (375 words)

  
 The Armed Conflict in Chechnya before the Russian Constitutional Court   (Site not responding. Last check: 2007-11-07)
The Court proves to be fully conscious that even the highest bodies of the Russian Federation must comply not only with constitutional provisions, but also with international rules whenever such rules impinge upon the conduct of State organs at home or abroad.
Under the principle of the rule of law laid down in the Russian Constitution, the Court emphasised that `the bodies of power in their activities are bound both by internal and international law'.
Secondly, the Court underscored that according to the Russian Constitution and the U.N. Covenant on Civil and Political Rights `victims of any violations, crimes and abuses of power shall be granted efficient remedies in law and compensation for damages caused'.
www.ejil.org /journal/Vol7/No4/art7-03.html   (365 words)

  
 ICL - Austria Index
The Austrian constitution, adopted on October 1st, 1920 (so called federal constitution \lquote Bundes-Verfassungsgesetz' B-VG), has six fundamental principles: democratic principle, republican principle, federal principle, rule of law (\lquote Legalitätsprinzip'), separation of powers, liberal principle (fundamental and human rights).
In addition to the codification of the Austrian constitution there are several other constitutional laws (acts on a constitutional level) and constitutional rules in simple laws.
The Austrian constitutional court is empowered to a review of parliamentary laws from a constitutional perspective.
www.oefre.unibe.ch /law/icl/au__indx.html   (435 words)

  
 German constitutional court allows `shock advertising'
KARLSRUHE, DEC 13: The German Constitutional Court in Karlsruhe ruled on Tuesday that banning "shock advertisments" by clothing manufacturer Benetton violates the right to free speech and the freedom of the press.
The court said the fact that consumers have become "inured" to such images but not to an appeal to their much less worn-out sense of sympathy did not justify restricting freedom of speech.
A constitutional complaint connected to this matter has already been waiting for several years for a decision - the Consititutional Court announced that it expects a decision to be reached in 2001.
www.expressindia.com /ie/daily/20001214/iin14005.html   (467 words)

  
 STATEMENT ON CONSTITUTIONAL COURT RULING   (Site not responding. Last check: 2007-11-07)
The decision by the Constitutional Court today that powers granted to the President to amend the Local Government Transition Act by proclamation were unconstitutional, needs to be welcomed as an acknowledgement of the supremacy of the constitution - and the commitment of the Constitutional Court to the proper execution of its duties.
The court found that the national government did not lack the constitutional power to pass relevant legislation on local government, but that Parliament did not have the power to allow the president to issue the proclamations concerned.
The Constitutional Court's ruling does not call into question the content of the proclamations issued by President Mandela.
www.anc.org.za /ancdocs/pr/1995/pr0922a.html   (315 words)

  
 Amazon.com: Books: A Court Divided: The Rehnquist Court and the Future of Constitutional Law   (Site not responding. Last check: 2007-11-07)
The legal scholar Mark Tushnet has another, more nuanced spin on the court's ideological inconsistency: A Court Divided attributes the failure of the Rehnquist court to act as a monolithic counterweight to the excesses of the 1960s and '70s to the fact that the court's conservatives are far from monolithic in their own ideology.
The court, as he sees it, is essentially a moderate institution that -- with rare exceptions -- follows the policies and preferences of the elected branches of government and the electorate.
Whether, as Tushnet contends, the court is divided into old and new Republicans, into conservatives, liberals and swingers, into pragmatists and idealists, or into lovers of firm rules or squishy standards, the fact is that the Supreme Court is human, not divine.
www.amazon.com /exec/obidos/tg/detail/-/0393058689?v=glance   (2633 words)

  
 CBC News: Security certificates constitutional: court
Friday's decision upheld a December 2003 ruling by the separate Federal Court that said sections of the Immigration and Refugee Protection Act fell in line with the Charter of Rights and Freedoms.
The court ruled that non-citizens and permanent residents can be subjected to a different standard of legal treatment than citizens.
If the court decides that it is reasonable, the certificate becomes an order for removal of the person.
www.cbc.ca /story/canada/national/2004/12/10/security-certificate-041210.html   (720 words)

  
 Russian Government, Law, Constitutional Court - JRL 7-24-03
In that year, upon becoming Constitutional Court chairman for the first time, he assessed Yeltsin's decree to dissolve parliament as a good reason for impeaching Yeltsin himself.
To be sure, Zorkin has become a political figure by virtue of his status as a Constitutional Court judge: Even the president cannot relieve him of his chairmanship of the court.
For example, constitutional judges and the officials around them, like everyone else, want to be well provided for in their old age.
www.cdi.org /russia/Johnson/7263-16.cfm   (499 words)

  
 The University of Saarland, Germany   (Site not responding. Last check: 2007-11-07)
The Federal Constitutional Court (Bundesverfassungsgericht, or BVerfG) is Germany's Supreme Court, and its role is essentially "Guardian of the Constitution".
A case coming before the Court may be heard by one of its two Senates, or for important cases, by the Court in plenary session.
This is exceptionally available on an abstract basis to a limited group of bodies, but is more normally available on a concrete basis for cases referred by a lower court, where the lower court believes a law to be in breach of the constitution, and this question is central to the case.
www.jura.uni-sb.de /english/Publications/bverfg.html   (495 words)

  
 EPIC: Austrian Federal Constitutional Court Decision, 02/27/03
The Austrian Federal Constitutional Court held on Feb 27, 2003 that the statute that compelled telecommunication service providers ("TSPs") to implement wiretapping measures at their own expense is unconstitutional.
The Constitutional Court has ruled several times that the obligation for private companies to fulfill assignments of public interest is not unconstitutional.
The Court therefore declared that Section 89 (1)(2), TKG, which imposes the burden of expenses for wiretapping measures on TSPs, is unconstitutional.
www.epic.org /privacy/intl/austrian_vfgh-022703.html   (1038 words)

  
 Articles - Federal Constitutional Court of Germany   (Site not responding. Last check: 2007-11-07)
The Federal Constitutional Court (in German: Bundesverfassungsgericht, BVerfG) is a special court established by the German Constitution, the Grundgesetz (Basic Law).
Even constitutional amendments or changes passed by the Parliament are subject to its judicial review, since they have to be compatible with the main principles of the Grundgesetz (due to its Article 79 (3), the so called 'eternity clause').
Decisions of the court on material conflicts are put into force through a federal law by the Federal Constitutional Court Act (BVerfGG).
www.gaple.com /articles/Federal_Constitutional_Court_of_Germany?mySession=a245ac84a7c3bb26daa6376116293d54   (1095 words)

  
 Home - Constitutional Court of South Africa
This court, the highest in South Africa on constitutional matters, was born of the country's first democratic Constitution in 1994.
In an acclaimed new building at Constitution Hill, the 11 judges stand guard over the Constitution and protect everyone's human rights.
Sould you wish to read the constitution in one of the other official languages, please click here.
www.constitutionalcourt.org.za   (82 words)

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