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.
Prior to 1919, the United States, Canada and Australia had adopted the concept of judicial review by their courts, following shared principles of their similar common law legal systems, which they, in turn, had inherited from British colonial law. [1] The Parthenopean Republic's constitution of 1799, written by Mario Pagano, envisaged an organ of magistrates reviewing constitutional law, the eforato, but lasted only 6 months. [2] The 1776 Constitution of Pennsylvania and 1777 Constitution of Vermont both establish a "Council of Censors" separate from the other branches of government, with the task of "recommending to the legislature the repealing of such laws as appear to them to have been enacted contrary to the principles of the constitution," [3] [4] an institution somewhat similar to a modern constitutional court.
In 1919 the First Austrian Republic established the first dedicated constitutional court, the Constitutional Court of Austria, which however existed in name only until 10 October 1920, when the country's new constitution came into effect, upon which the court gained the power to review the laws of Austria's federal states. [5] The 1920 Constitution of Czechoslovakia, which came into effect on 2 February 1920, was the first to provide for a dedicated court for judicial review of parliamentary laws, but the court did not convene until November 1921. The organization and competences of both courts were influenced by constitutional theories of Hans Kelsen. [6] Subsequently, this idea of having a separate special constitutional court that only heard cases concerning the constitutionality of the national legislature's acts became known as the Austrian System , and it was subsequently adopted by many other countries e.g. Liechtenstein (1925), Greece (1927), Spain (1931), Germany (1949) etc.
Following list consists countries with separate constitutional courts. Yet some other countries do not have separate constitutional courts, but instead delegate constitutional judicial authority to their ordinary court system, with the final decision-making power resting in the supreme ordinary court. Nonetheless, such courts are sometimes also called "constitutional courts". For example, the Supreme Court of the United States has been called the world's oldest constitutional court [7] because it was one of the earliest courts in the world to invalidate a law as unconstitutional ( Marbury v. Madison ), even though it is not a separate constitutional court, hearing as it does cases not touching on the Constitution.
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Constitutional Court of Baden-Württemberg (German: Verfassungsgerichthof für das Land Baden-Württemberg; abbreviated: VerfGH BW) is the constiutional court for the German Land (state) of Baden-Württemberg and thereby a constitutional organ on the state level. Besides its power of judicial review (Normenkontrolle ), it has a number of other powers and responsibilities which are assign to it by the state constitution . [11]
Bavarian Constitutional Court (German: Bayrischer Verfassungsgerichthof; abbreviated: VerfGH BY) is the state constitutional court for the Free State of Bavaria. It is, along with the Landesregierung (state government) and the Landtag (state parliament), one of the three state constitutional institutions and has the power of judicial review: It may examine the compatibility of state laws with the state constitution. [12]
Constitutional Court of Berlin (German: Verfassungsgerichthof des Landes Berlin; abbreviated: VerfGH BE) is the constitutional court of the city-state of Berlin which is simultaneously the capital of the Federal Republic of Germany. It is located in the same building as the Kammergericht ( Oberlandesgericht ) and is authorized by Article 84 Constitution of the city-state of Berlin . It has the power of judicial review, the power to review electoral complaints and the power to hear cases concerning complaints against referendums and popular initiatives among others. [13]
Constitutional Court of Brandenburg (German: Verfassungsgerichthof des Landes Brandenburg; abbreviated: VerfG BB) [14]
State Constitutional Court of the Free Hanseatic City of Bremen (German: Staatsgerichtshof der Freien Hansestadt Bremen; abbreviated: StGH HB) [15]
Constitutional Court of Hamburg (German: Hamburgisches Verfassungsgericht; abbreviated: VerfG HH) [16]
State Constitutional Court of Hesse (StGH HE)
Land Constitutional Court of Mecklenburg-Western Pomerania (VerfG MV)
State Constitutional Court of Lower Saxony (StGH NDS)
Constitutional Court of North Rhine-Westphalia (German: Verfassungsgericht für das Land Nordrhein-Westfalen; abbreviated: VerfGH NRW or VGH NRW)
Constitutional Court of Rhineland-Palatinate (VerfGH RP)
Constitutional Court of Saarland (VerfGH SL)
Constitutional Court of the Free State of Saxony (VerfGH SN)
Land Constitutional Court of Saxony-Anhalt (VerfG ST)
Land Constitutional Court of Schleswig-Holstein (VerfG SH)
Thuringian Constitutional Court (VerfGH TH)
Before 2020, several republics of Russia had their own constitutional courts, while in other federal subjects like oblasts and federal cities they were known as charter courts, as republics are the only federal subjects to have their own constitutions. [17] Constitutional and charter courts were completely independent and were not subordinate courts to the Constitutional Court of Russia.
Constitutional and charter courts used to hear cases relating to conformity with regional constitutions or charters of laws adopted by regional legislatures and governors' decrees, and in this category of cases constitutional and charter courts were courts of single instance.
Constitutional and charter courts of the federal subjects were disestablished by the 2020 amendments to the Constitution of Russia. [18] [19] [20] [21]
As for 2020, constitutional courts remained in force in the 12 (out of 22) following republics:
In the republics of Buryatia and Tuva, the constitutional courts were abolished by the republican constitutional laws in 2018 and 2019, respectively. [26] In the republics of Bashkortostan, Tatarstan, and Sakha, the disestablished constitutional courts were transformed into constitutional councils, without any judicial powers. [27] [28] [29]
Until 2020, charter courts existed in following federal subjects:
The charter court of Chelyabinsk Oblast was disestablished in 2014.
The federal subjects of Russia, also referred to as the subjects of the Russian Federation or simply as the subjects of the federation, are the constituent entities of Russia, its top-level political divisions. According to the Constitution of Russia, the federation consists of republics, krais, oblasts, cities of federal importance, an autonomous oblast, and autonomous okrugs, all of which are equal subjects of the federation.
The Federal Constitution of Austria is the body of all constitutional law of the Republic of Austria on the federal level. It is split up over many different acts. Its centerpiece is the Federal Constitutional Law (Bundes-Verfassungsgesetz) (B-VG), which includes the most important federal constitutional provisions.
The Judiciary of Russia interprets and applies the law of Russia. It is defined under the Constitution and law with a hierarchical structure with the Constitutional Court and Supreme Court at the apex. The district courts are the primary criminal trial courts, and the regional courts are the primary appellate courts. The judiciary is governed by the All-Russian Congress of Judges and its Council of Judges, and its management is aided by the Judicial Department of the Supreme Court, the Higher Qualification Board of Judges, and the Ministry of Justice, and the various courts' presidents. And although there are many officers of the court, including jurors, the Prosecutor General remains the most powerful component of the Russian judicial system.
In most legal jurisdictions, a supreme court, also known as a court of last resort, apex court, and highcourt of appeal, and court of final appeal, is the highest court within the hierarchy of courts. Broadly speaking, the decisions of a supreme court are binding on all other courts in a nation and are not subject to further review by any other court. Supreme courts typically function primarily as appellate courts, hearing appeals from decisions of lower trial courts, or from intermediate-level appellate courts. A supreme court can also, in certain circumstances, act as a court of original jurisdiction.
The Constitutional Court of the Russian Federation is a high court within the judiciary of Russia which is empowered to rule on whether certain laws or presidential decrees are in fact contrary to the Constitution of Russia. Its objective is only to protect the Constitution and deal with a few kinds of disputes where it has original jurisdiction, whereas the highest court of appeal is the Supreme Court of Russia.
The judiciary of Austria is the system of courts, prosecution and correction of the Republic of Austria as well as the branch of government responsible for upholding the rule of law and administering justice. The judiciary is independent of the other two branches of government and is committed to guaranteeing fair trials and equality before the law. It has broad and effective powers of judicial review.
The Supreme Court is the court of last resort in Serbia which reviews and possibly overturns previous rulings made by lower courts.
The Supreme Court of the Republic of Kazakhstan is the highest of three levels of courts of Kazakhstan, sitting above regional appeals courts, and city or district courts. The Supreme Judicial Council recommends nominee Supreme Court judges to the President of Kazakhstan; the president then submits the nominees to the Senate of Kazakhstan for a vote of confirmation.
The Constitutional Court of the Republic of Abkhazia was created in 2016. Judges are elected by the People's Assembly with a two-thirds majority for fifteen year terms and may not be re-elected. Candidates are nominated by the President and must have a law degree, at least fifteen years experience in a legal profession and must at least forty years old. A group of at least one third of all deputies may formally propose candidates to the President.
The Supreme Court of Tajikistan is the most senior body of civil, criminal, and administrative law in the Republic of Tajikistan.
The Constitutional Court of the Republic of Uzbekistan is the supreme constitutional court of Uzbekistan. Its tasks include reviewing whether proposed laws conflict with the Constitution of Uzbekistan, and whether laws of the Republic of Karakalpakstan conflict with the laws of the Republic of Uzbekistan. Under Article 95 of the Constitution, it is also tasked with authority to approve the President of Uzbekistan's decision to dissolve the Oliy Majlis. The court's decisions are final and unappealable.
The Constitutional Court of the State of Berlin is the state constitutional court of Berlin. It has its seat at the Kammergericht building in the Schöneberg district of Berlin. Since November 2019, Ludgera Selting is the president of the court.
The Constitutional Court of North Rhine-Westphalia is the constitutional court of the most populous German state NRW. Art. 76 of the state constitutions authorizes and establishes the court. In its history the method of composition has been changed multiple times.
The President of the Constitutional Court of the Russian Federation, is the presiding judge of the Constitutional Court of Russia.
The Constitutional Court of the Republic of Tatarstan was a subnational constitutional court of Tatarstan, a republic within Russia. The Court exercised constitutional control over regional laws adopted by the regional legislature and decrees of the Head of Tatarstan, being the court of single instance for such cases.
The Thuringian Constitutional Court is the state constitutional court of the Free State of Thuringia. The court is located in Weimar at Jenaer Straße 2a, and oral hearings take place at Gutenbergstraße 29a.
The Constitutional Court of Brandenburg is the third constitutional body of the State of Brandenburg, alongside the Landtag of Brandenburg and the Brandenburg State Government. As a constitutional court, it is responsible for deciding constitutional disputes.
The Constitutional Court of Saarland is the constitutional court of the German state of Saarland. The court also has the special status of a constitutional body. According to the Constitution of December 15, 1947, the Constitutional Court of Saarland is the third organ of the will of the people alongside the state parliament and the state government. The detailed regulations on the Constitutional Court are set out in the Law on the Constitutional Court.
The State Court for the German Reich was the constitutional court of the Weimar Republic. Its jurisdiction was limited to disputes concerning the legal organisation of the state. The court was established in 1921 and ceased functioning in February 1933, shortly after Adolf Hitler became chancellor of Germany.
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