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Standards of constitutional review
Constitutional review, or constitutionality review or constitutional control, is the evaluation, in some countries, of the constitutionality of the laws. It's supposed to be a system of preventing violation of the rights granted by the constitution, assuring its efficacy, their stability and preservation.
Contents
- Standards of constitutional review
- What is the constitutional review about
- Distinction
- Concept
- Application
- History Marbury v Madison the first precedent
- References
What is the constitutional review about
Distinction
There are very specific situations in which the constitutional review differs from common law to civil law, as well as the judicial review in general.
Concept
In the countries that have written and rigid constitutions, they (the constitutions) represent the supreme norm of the juridical order, sited on the top of the pyramid of norms. It's named as fundamental law, supreme law, law of the laws, biggest law. That biggest law asks for more difficult and formal procedures for updating than the other juridical norms (named sub-constitutional). Although this is usually characterized as a civil law speciality, some of the concepts here can be inherited from common law countries which have written constitutions; for instance, USA, that, paradoxally, in timeline, was the first to adopt the diffuse review.
Application
The judicial control of constitutionality applies to the normative acts too.
History: Marbury v. Madison - the first precedent
The first precedent in which the American Supreme Court asserted its power of constitutional control was the Marbury v. Madison.