Thomas Fleiner: Class No. 7 Different Systems of Constitutional Review Belgrade Law Faculty Master Course on Comparative Constitutional Law Prof. Thomas.

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Thomas Fleiner: Class No. 7 Different Systems of Constitutional Review Belgrade Law Faculty Master Course on Comparative Constitutional Law Prof. Thomas Fleiner October 31 to November

Different Systems of Constitutional Review Integrated System with Traditional Courts e.g. USA Specialized Court for Constitutional Review Germany, EU. Preliminary Review by A Tribunal e.G. France

Independence of the Judiciary Election of Nomination of Judges Tenure? Dismissal / Re-election of Judges Power of Court Judicial culture Education of Personal Lawyer Access to Justice

Bonham’s Case Marbury v. Madison Brown v. Board of Education

Basic Concepts of Constitutional Review In the United States Development by the Supreme Court Integrated System Standing Remedies Cases and Controversies Relationship to Legislation

Constitutional Review In Civil Law Countries Historic development: Legislation as General Will, Head of State - Judiciary Political or Legal: Austria, Germany, France, Finland, Ethiopia, Switzerland Two Systems and Concepts: France and Germany Merging of both systems Problems: Conceptual: General will, func- tion of judiciary, political conflict

Goals of Constitutional Review Power and Function of Institution Protection of parliamentary opposition Hierarchy of Norms: Supremacy of the Constitution Protection of Human Rights Rule of Law in cases and controversies Professional (e.g. memory, precedents v. political legitimacy: power to imple- ment

German System Special Constitutional Court Abstract Review, Facts, Standing Advises to the Legislature Standing Remedies History

French Constitutional Council From the Council of State to The Constitutional Council To human rights protection

European Court of Justice Interpretation of treaties Access to the court: European Institutions Member States Preliminary review of Cases

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