Global Patterns of Constitutional Judicial Review Systems: Two Major Models of Constitutional Judicial Review in the World
Judicial constitutional review is an essential component of upholding constitutionalism, even though it is a relatively new concept outside the United States. The US Supreme Court set a precedent in 1803 in the Marbury v. Madison case by declaring legislative acts unconstitutional, which is widely r...
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| Format: | Article |
| Language: | English |
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ADJURIS – International Academic Publisher
2024-03-01
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| Series: | Juridical Tribune - Review of Comparative and International Law |
| Subjects: | |
| Online Access: | https://tribunajuridica.eu/arhiva/y14v1/10.%20Blerton%20Sinani.pdf |
| _version_ | 1797222481031856128 |
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| author | Blerton Sinani |
| author_facet | Blerton Sinani |
| author_sort | Blerton Sinani |
| collection | DOAJ |
| description | Judicial constitutional review is an essential component of upholding constitutionalism, even though it is a relatively new concept outside the United States. The US Supreme Court set a precedent in 1803 in the Marbury v. Madison case by declaring legislative acts unconstitutional, which is widely regarded as the beginning of the principle or doctrine of judicial constitutional review. Since then, judicial constitutional review has become a widely accepted feature of most democratic legal systems. Comparative constitutional law recognizes two well-known models of judicial constitutional review: the American model of dispersed or decentralized review by ordinary courts and the constitutional Kelsen/European model of centralized review by a specialized constitutional court. Additionally, there are mixed or hybrid systems that combine elements of both models. |
| first_indexed | 2024-04-24T13:22:01Z |
| format | Article |
| id | doaj.art-eaea27ac38724003b5e8a46219b21898 |
| institution | Directory Open Access Journal |
| issn | 3008-637X |
| language | English |
| last_indexed | 2024-04-24T13:22:01Z |
| publishDate | 2024-03-01 |
| publisher | ADJURIS – International Academic Publisher |
| record_format | Article |
| series | Juridical Tribune - Review of Comparative and International Law |
| spelling | doaj.art-eaea27ac38724003b5e8a46219b218982024-04-04T13:06:34ZengADJURIS – International Academic PublisherJuridical Tribune - Review of Comparative and International Law3008-637X2024-03-0114115617310.62768/TBJ/2024/14/1/10Global Patterns of Constitutional Judicial Review Systems: Two Major Models of Constitutional Judicial Review in the World Blerton Sinani0associate professor of Constitutional and Administrative Law, South East European University, Tetovo, Republic of North MacedoniaJudicial constitutional review is an essential component of upholding constitutionalism, even though it is a relatively new concept outside the United States. The US Supreme Court set a precedent in 1803 in the Marbury v. Madison case by declaring legislative acts unconstitutional, which is widely regarded as the beginning of the principle or doctrine of judicial constitutional review. Since then, judicial constitutional review has become a widely accepted feature of most democratic legal systems. Comparative constitutional law recognizes two well-known models of judicial constitutional review: the American model of dispersed or decentralized review by ordinary courts and the constitutional Kelsen/European model of centralized review by a specialized constitutional court. Additionally, there are mixed or hybrid systems that combine elements of both models. https://tribunajuridica.eu/arhiva/y14v1/10.%20Blerton%20Sinani.pdfnormative supremacy of constitutionrule of lawconstituent powerdemocracyhuman rightsamerican model of decentralized judicial constitutional revieweuropean model of centralized judicial constitutional review |
| spellingShingle | Blerton Sinani Global Patterns of Constitutional Judicial Review Systems: Two Major Models of Constitutional Judicial Review in the World Juridical Tribune - Review of Comparative and International Law normative supremacy of constitution rule of law constituent power democracy human rights american model of decentralized judicial constitutional review european model of centralized judicial constitutional review |
| title | Global Patterns of Constitutional Judicial Review Systems: Two Major Models of Constitutional Judicial Review in the World |
| title_full | Global Patterns of Constitutional Judicial Review Systems: Two Major Models of Constitutional Judicial Review in the World |
| title_fullStr | Global Patterns of Constitutional Judicial Review Systems: Two Major Models of Constitutional Judicial Review in the World |
| title_full_unstemmed | Global Patterns of Constitutional Judicial Review Systems: Two Major Models of Constitutional Judicial Review in the World |
| title_short | Global Patterns of Constitutional Judicial Review Systems: Two Major Models of Constitutional Judicial Review in the World |
| title_sort | global patterns of constitutional judicial review systems two major models of constitutional judicial review in the world |
| topic | normative supremacy of constitution rule of law constituent power democracy human rights american model of decentralized judicial constitutional review european model of centralized judicial constitutional review |
| url | https://tribunajuridica.eu/arhiva/y14v1/10.%20Blerton%20Sinani.pdf |
| work_keys_str_mv | AT blertonsinani globalpatternsofconstitutionaljudicialreviewsystemstwomajormodelsofconstitutionaljudicialreviewintheworld |