The Ghost of the Constitutional Review in Tunisia: Authoritarianism, Transition to Democracy and Rule of Law

2021 ◽  
pp. 002190962110370
Author(s):  
Francesco Tamburini
Keyword(s):  
Rule Of Law ◽  
Transition To Democracy ◽  
Authoritarian Regimes ◽  
Constitutional Court ◽  
Constitutional History ◽  
Constitutional Review ◽  
Democratic System ◽  
Constitutional Justice ◽  
The Creation

The existence of a constitutional control is the essential cornerstone in any democratic system. Without a constitutional justice it is impossible to maintain a pluralist democracy with a real rule of law. The Tunisian constitutional history is emblematic of the relevance of the constitutional review. This article outlines the difficult and hampered life of the Tunisian constitutional justice that crossed two authoritarian regimes: a “revolution”; and the transition to democracy. It is in the latter phase that the creation of the constitutional court proved to be the paramount element in the passage from a procedural democracy to a substantive democracy.

The Constitutional Court of The Republic of Latvia

2020 ◽  
pp. 505-564
Author(s):  
Ineta Ziemele ◽  
Alla Spale ◽  
Laila Jurcēna
Keyword(s):  
Rule Of Law ◽  
Legal Discourse ◽  
Case Law ◽  
Legal Order ◽  
Constitutional Court ◽  
Constitutional Courts ◽  
Constitutional Review ◽  
European Model ◽  
Constitutional Justice ◽  
The Republic

This chapter examines constitutional review in Latvia. When the Latvian Constitution—the Satversme—was adopted in 1922, the European model of constitutional courts existed, but the idea of establishing a constitutional court in Latvia was not discussed. The chapter traces the development of Latvian constitutional justice following the establishment of the Satversme, before providing a brief overview of both the institution of constitutional review as well as the constitutional court in Latvia. The Latvian Constitutional Court has played an important role in developing the legal order in accordance with the principles of rule of law and democracy and in educating the society in these values. Lastly, the chapter discusses the case law of the Constitutional Court as part of a wider European legal discourse.

The Role of the Constitutional Court in the Development of the Rule of Law in Kosovo

2018 ◽  
Vol 43 (3) ◽  
pp. 274-313
Author(s):  
Enver Hasani
Keyword(s):  
Material Culture ◽  
Rule Of Law ◽  
Constitutional Court ◽  
Constitutional History ◽  
Constitutional Courts ◽  
The Rule Of Law ◽  
The Past ◽  
History Of ◽  
Communist Countries

Kosovo’s Constitutional Court has played a role of paramount importance in the country’s recent history. The author uses a comparative analysis to discuss the role of the Court in light of the work and history of other European constitutional courts. This approach sheds light on the Court’s current role by analyzing Kosovo’s constitutional history, which shows that there has been a radical break with the past. This approach reveals the fact that Kosovo’s current Constitution does not reflect the material culture of the society of Kosovo. This radical break with the past is a result of the country’s tragic history, in which case the fight for constitutionalism means a fight for human dignity. In this battle for constitutionalism, the Court has been given very broad jurisdiction and a role to play in paving the way for Kosovo to move toward Euro-Atlantic integration in all spheres of life. Before reaching this conclusion, the author discusses the specificities of Kosovo’s transition, comparing it with other former communist countries. Among the specific features of constitutionalism in Kosovo are the role and position of the international community in the process of constitution-making and the overall design of constitutional justice in Kosovo. Throughout the article, a conclusion emerges that puts Kosovo’s Constitutional Court at the forefront of the fight for the rule of law and constitutionalism of liberal Western provenance.

Constitutional Court and Constitutional Review in Albania

ICL Journal ◽  
2013 ◽  
Vol 7 (2) ◽  
Author(s):  
Brunilda Bara ◽  
Jonad Bara
Keyword(s):  
Rule Of Law ◽  
Fundamental Rights ◽  
Constitutional Court ◽  
Constitutional Review ◽  
The Rule Of Law ◽  
Historical Changes ◽  
Division Of Powers ◽  
Fundamental Rights And Freedoms ◽  
Legal Writers

AbstractThis article tends to give an insight on the historical and institutional develop­ment of the Constitutional Court of Albania, on the need of the society and the historical changes that led to its creation.It focuses especially on the role and competences of this Court on the protection of the rule of law, of the constitutional principles, on the balancing and division of powers, on the protection of the fundamental rights and freedoms of individuals. Its aim is to provide overall information on the functioning and standards it follows.It is based on the jurisprudence of this Court during the years and is enriched by its deci­sions on particular subjects and compares this Court to other similar ones in Eastern Euro­pean countries.The article is mainly directed to scholars and legal writers whose aim is to compare the organization and functioning of the Constitutional Court of Albania to other similar courts.

scholarly journals ЗАСТОСУВАННЯ ТА ІНТЕРПРЕТАЦІЯ ПРИНЦИПУ ВЕРХОВЕНСТВА ПРАВА У КОНСТИТУЦІЙНОМУ ПРАВОСУДДІ

2019 ◽  
Vol 13 ◽  
pp. 41-49
Author(s):  
О. І. Махніцький
Keyword(s):  
Rule Of Law ◽  
Social Problems ◽  
The Body ◽  
Constitutional Court ◽  
The Rule Of Law ◽  
Constitutional Justice

Стаття присвячена проблемам застосування та інтерпретації принципу верховенства права в конституційному правосудді. Автор аналізує інтерпретаційну практику Консти­туційного Суду України та доктринальні позиції органу конституційної юрисдикції щодо сутності та змісту верховенства права. Робиться висновок щодо вирішального значення принципу верховенства права у діяльності органу конституційної юрисдикції з метою гарантування верховенства Конституції України як Основного Закону держави на всій території України, а також резюмується, що діяльність Конституційного Суду України щодо відправлення конституційного судочинства сьогодні пов'язана з необхідністю ви­рішення складних суспільних проблем, пошуком та визначенням «розуміння» права взагалі та верховенства права зокрема.   The article is dedicated to the Implementation and Interpretation of rule of law principle in Constitutional Justice. The author analyzes interpretation practices of the Constitutional Court of Ukraine and doctrinal positions of the body of Constitutional Justice in relation to the essence and content of the rule of law. The author comes to the conclusion about the utmost significance of the principle of rule of law in the work of the body of Constitutional jurisdiction to ensure supremacy of Ukrainian Constitution as the Supreme Law on the territory of Ukraine. In summary the author states that all activities of the Constitutional Court today are aimed at the necessity to resolve complex social problems and the need to comprehend the notion of law and rule of law in particular.

Constitutional Justice in Credit Crises. The Hungarian Case

Südosteuropa ◽  
2018 ◽  
Vol 66 (1) ◽  
pp. 94-118
Author(s):  
Fruzsina Gárdos-Orosz
Keyword(s):  
Rule Of Law ◽  
Civil Law ◽  
Case Law ◽  
Critical Assessment ◽  
Basic Rule ◽  
Constitutional Court ◽  
Judicial Decisions ◽  
Hungarian Case ◽  
Constitutional Justice ◽  
Constitutional Adjudication

Abstract The economic crisis of 2008 brought about a rapid depreciation in the exchange rate of the Hungarian forint (HUF). Debtors in Hungary had borrowed money in foreign currencies—especially the Swiss franc—and now found themselves in a significantly deteriorating situation. The consequences of increased indebtedness reached all levels of society. On various grounds, consumers took out numerous civil law proceedings to challenge consumer loan agreements. Questions raised by these lawsuits were, several times, brought to Hungary’s Supreme Court, and were then taken to the legislature. The legislative acts and judicial decisions that ensued were subsequently reviewed by the Constitutional Court of Hungary. This article analyses the case law the Constitutional Court applied in this crisis situation, and brings out the lack of balancing capacity in the constitutional adjudication. Referring to the principles of basic Rule of Law, the author makes a critical assessment of the new constitutional ideas, measures and legal solutions that emerged.

scholarly journals Constitutional Justice

2017 ◽  
Vol 19 (33) ◽  
pp. 135-142
Author(s):  
Anca-Florina Moroșteș ◽  
Narcisa-Mihaela Stoicu
Keyword(s):  
Rule Of Law ◽  
Constitutional Court ◽  
Contemporary Society ◽  
The Rule Of Law ◽  
Democratic State ◽  
Constitutional Justice ◽  
The Law

Abstract The paper with the title “Constitutional Justice” aims to analyse a topic of urgent actuality and of particular importance in the contemporary society. We have tried to show in this paper the importance of the Constitutional control in the rule of law. Starting from the idea of necessity of existence of a Constitution in a democratic State and, implicitly, of a body to follow-up the compliance with its provision, we have tried to highlight in this paper the role of Romanian Constitutional Court and not only, by presenting one of its most important attributions which is the control of the law constitutionality.

The settlement of disputes of a constitutional nature: inside the Romanian Constitutional Court s rulings on the role and competences of the public authorities

2018 ◽  
pp. 51-70
Author(s):  
TUDOREL TOADER
Keyword(s):  
Rule Of Law ◽  
Constitutional Court ◽  
Constitutional Courts ◽  
Public Authorities ◽  
The Rule Of Law ◽  
The Public ◽  
The Subject ◽  
Constitutional Justice ◽  
Settlement Of Disputes

The separation and balance of State powers constitute the basis of the rule of law. Observance of this principle requires framing of public authorities within the limits of competence established by the Constitution and the law, as well as loyal cooperation between them. From this perspective, the attribution of the constitutional courts for settling legal disputes of a constitutional nature is an important tool for correcting the tendencies of violation of these limits, as well as for identifying solutions for situations that do not find an explicit regulation in the constitutional texts. The present study analyses the jurisprudence of the Constitutional Court of Romania in the field of legal disputes of a constitutional nature, revealing, together with the presentation of dispute situations, the vulnerabilities of the constitutional reference texts. It is also highlighted the role of the constitutional courts in the evolution of constitutional law institutions. The conclusion of the study, beyond the subject of legal disputes of a constitutional nature, bears on the necessity, even more so in this matter, of the certainty of jurisdictional interpretation. This certainty cannot be achieved as long as the interpretation is not authoritative; consequently, the assurance of the effectiveness of constitutional justice constitute a key issue of the rule of law.

scholarly journals Preliminary Constitutional Review and its Implementation in Russia: Problems of Theories and Applications

2020 ◽  
Vol 15 (10) ◽  
pp. 36-43
Author(s):  
O. V. Brezhnev
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Time Frame ◽  
International Agreements ◽  
Constitutional Court ◽  
Constitutional Amendments ◽  
Constitutional Review ◽  
Legal Nature ◽  
Constitutional Justice ◽  
The Russian Federation

The paper is devoted to the problems concerning the legal nature, normative regulation and the procedure for the implementation of the institute of preliminary constitutional review in the Russian Federation. Although the exercise of this type of constitutional control ensurs the prevention of the detected violations, it also carries certain risks associated with the limited time frame of its implementation, impossibility of taking into account interpretation of the contested norm in law enforcement, etc. The author demonstartes permissible forms of the use of preliminary control in the activity of the bodies of constitutional justice in Russia (when checking the constitutionality of international agreements and treaties of the Russian Federation, evaluating constitutional amendments, etc.). The author also investigates the practice of implementing the relevant powers. Particular attention is paid to the analysis of the legal positions of the Constitutional Court of the Russian Federation that stipulate the limits of the implementation of preliminary judicial constitutional review. The paper examines the issue of the powers of constitutional (charter) courts of constituent entities of the Russian Federation in the area under consideration.

Lustration and Lapse of Time

2008 ◽  
Vol 4 (3) ◽  
pp. 460-487 ◽  
Author(s):  
David Kosař
Keyword(s):  
Human Rights ◽  
Rule Of Law ◽  
Case Law ◽  
Transition To Democracy ◽  
Constitutional Court ◽  
The Rule Of Law ◽  
European Court ◽  
Basic Features

Czech Lustration Acts: basic features – Among the most far-reaching in the postcommunist countries in Europe – Challenges for the rule of law – 2001: Czech Constitutional Court upholds their validity – Case-law of the European Court of Human Rights – ‘Transition-to-democracy’ circumstances that justified their adoption have ceased to exist

The Belgian Constitutional Court

2020 ◽  
pp. 71-118
Author(s):  
Christian Behrendt
Keyword(s):  
Case Law ◽  
Constitutional Court ◽  
Constitutional Review ◽  
The Creation ◽  
Council Of State

This chapter turns to the Belgian Constitutional Court. It argues that, though Belgium only had a constitutional jurisdiction since 1983, it did have some forms of constitutional review divided between several different bodies. This decentralized form of constitutional review, which encompasses legislative and executive rules and case law, was not eliminated with the establishment of the constitutional court either, so that it continues to exist to the present day. The chapter thus presents the fundamental features of this decentralized review. It first describes the circumstances surrounding the adoption of the Belgian constitution in 1831, the creation of the Council of State in 1946, and the efforts of the Court of Cassation at constitutional review. A consideration of the reactions elicited by this jurisprudence follows. Finally, the chapter looks into the creation of the Constitutional Court, initially referred to as the Court of Arbitration, in 1983.

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