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| Constitutional review in latvia and spain |
| Ušacka, Anita |
ISBN/ISSN:
Edicion:1ª
Año:2003
Páginas:1179-1194
Precio:6.00€
Tamaño:213.32 Kbytes
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Resumen:
The idea of the necessity of the constitutional control or the constitutional supervision in a democratic state for the first time was expressed by the courts in the United States of America. The origin of this idea can be traced back to the famous American case Marbury v. Madison of 1803, in which Judge Marshall constructed the theory of judicial review of the law. Since then, the concept of the control of constitutionality of legislation has developed not only in the common law countries, but is acknowledged also in continental law countries. In continental Europe only after the First World War, more than hundred years later than in the United States, the idea of supremacy of Parliament began to weaken in favor of the supremacy of the Constitution. It was agreed that the mechanism of the control of Parliament was the Constitutional Court. |
Sumario:
1. Development of constitutionalism and establishment of constitutional control.- 2. Jurisdiction of the Court.- 3. Composition of the Court.- 4. Proceedings of the Court.- 5. Forms of constitutional control.- 6.Some issues concerning constitutional control in practice |
Comentarios:
Este artículo forma parte de la obra The Spanish Constitution in the European Constitutional Context. La constitución española en el contexto constitucional europeo. Dykinson 2003 (ISBN 84-9772-094-6) |
