Constitutional review

Constitutional review, or constitutionality review or constitutional control, is the evaluation, in some countries, of the constitutionality of the laws. It is supposed to be a system of preventing violation of the rights granted by the constitution, assuring its efficacy, their stability and preservation.^[1]

There are very specific cases in which the constitutional review differs from common law to civil law as well as judicial review in general.^[2]

Written and rigid constitutions exist in most countries, represent the supreme norm of the juridical order, and are on the top of the pyramid of norms. Also called fundamental law, supreme law, law of the laws, basic law, they have more difficult and formal procedures to updating them than other laws, which are sub-constitutional. The term "constitutional review" is usually characterized as a Civil Law concept, but some of the ideas behind it come from Common Law in countries, which have written constitutions. For instance, the USA was the first country to adopt judicial review based directly on its constitution (see Marbury v. Madison), even though till this days the functions of the Constitutional Court and of the Court of the Last Appeal, are separated at neither Federal nor State levels.

The judicial control of constitutionality applies to normative acts as well.^{[clarification needed][3]}

Control systems[]

Depending on how each country decides to organize his constitutional revies, it can be attributed to a different organ. In some countries, part of the review can be attribution of a political organ. For instance, In Brazil, the declaration of inconstitutionality in a concrete case by STF^{[clarification needed]} can be suggested to senate to give to this declaration global effects.^[4]

See also[]

• Constitutional review in Germany
• Constitutional Review Commission (Tanzania)
• Judicial interpretation
• Judicial review
• List of constitutional courts
• Rule of law
• Rule According to Higher Law

References[]