1. Constitutional Review Prof. Lidija Basta Fleiner Prof. Thomas Fleiner
Belgrade Law Faculty
Master Course on
Comparative
Constitutional Review
Prof. Lidija Basta Fleiner
Prof. Thomas Fleiner
November 23 to December 12
2009
Thomas Fleiner: Class No. 12
Different Systems of
Constitutional Review

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

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

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

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

6. German System
Special Constitutional Court
Abstract Review
Advises to the Legislature
Standing
Remedies

7. European Court of Justice
Validity of legislation
Validity of interpretation of
Institutions 267
Actions of States and Organs
Preliminary Ruling

8. French Constitutional Council
From the Council of State to
The Constitutional Council

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