Pregledni rad
https://doi.org/10.31141/zrpfs.2021.58.142.1121
The Age of the Constitutional Judiciary in Europe
Hana Šarkinović - Kose
; Pravni fakultet Internacionalnog univerziteta u Sarajevu, Sarajevo, Bosna i Hercegovina
Sažetak
Constitutional Judiciary in Europe has been functioning for a full century. It developed through supervision of constitutionality of laws as well as control of constitutionality of legislation. We differentiate the American system of constitutional judiciary, according to which it falls under the scope of work of regular courts and the Austrian system, i.e. European system of constitutional judiciary established by Hans Kelsen, according to which the supremacy of the Constitution limits the state authority. This model formally lies on existence of a court established by the Constitution, where this court executes its authority in a specially prescribed procedure. Constitutional judiciary is characterized by the existence of a protected good – the Constitution; the existence of a constitutionally established court for decision bringing and the form in which the protection is executed. This piece delved into: genesis of constitutional judiciary, the notion, task and purpose of constitutional judiciary, responsibility of constitutional judiciary, evolution of the review of constitutionality, differences between the American and European constitutional judiciary models, French, Scandinavian and constitutions of post-communist states.
Ključne riječi
constitution; constitutional judiciary; review of constitutionality; constitutional courts of Austria; Germany; France and post-communist states
Hrčak ID:
265077
URI
Datum izdavanja:
27.10.2021.
Posjeta: 1.118 *