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Journal articles on the topic 'Acts of the constitutional court'

Author: Grafiati

Published: 30 May 2022

Last updated: 31 July 2025

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1

Savoskin, Alexandr V., Vitali V. Kuriatnikov, and Veronika A. Meshcheryagina. "Prospects for normative control in the subjects of the Russian Federation after the 2020 amendments to the Constitution of the Russian Federation." Tyumen State University Herald. Social, Economic, and Law Research 8, no. 4 (2022): 113–30. http://dx.doi.org/10.21684/2411-7897-2022-8-4-113-130.

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Prior to the amendments to the Constitution of the Russian Federation in 2020, three types of courts could carry out normative control in the constituent entities of the Russian Federation: the Constitutional Court of the Russian Federation, constitutional (charter) courts of the constituent entities of the Russian Federation and courts of general jurisdiction. Amendments to the Constitution of the Russian Federation led to amendments to the Federal Constitutional Law “On the Judicial System of the Russian Federation”. The constitutional (statutory) courts of the constituent entities of the Ru

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2

Kovalchuk, Olena. "Authority of the constitutional court of Ukraine: ways of improvement." Visnik Nacional’nogo universitetu «Lvivska politehnika». Seria: Uridicni nauki 10, no. 39 (2023): 259–65. http://dx.doi.org/10.23939/law2023.39.259.

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Annotation. The article examines the problems of regulatory regulation of the powers of the Constitutional Court of Ukraine at the level of the Constitution of Ukraine and the Law of Ukraine "On the Constitutional Court of Ukraine", the question of the adequacy of the scope of the powers of the Constitutional Court of Ukraine and the possibility of their improvement through a significant expansion in order to qualitatively ensure the performance of the function of protecting the Constitution of Ukraine. The foreign experience regarding the peculiarities of the powers of the constitutional coun

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3

Mocherad, Anna. "Decision of the Constitutional Court of Ukraine as interpretation legal acts." Visegrad Journal on Human Rights, no. 6 (March 14, 2024): 133–45. http://dx.doi.org/10.61345/1339-7915.2023.6.22.

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The article examines the legal nature of decisions of the Constitutional Court of Ukraine as interpretative legal acts. It is noted that constitutional law-making is a special form (variety) of law-making, which has a multi-level and multi-aspect nature, which is determined by its special nature, essence and functional purpose. Constitutional law-making is a special activity of competent law-making subjects, which is carried out in a special procedural order and is aimed at adopting, changing and canceling the norms of the Basic Law of the state and constitutional acts of law-making. The speci

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4

Zhanuzakova, Leila Telmanovna, Bakhytzhan Zhursunovich Kuandykov, and Yernar Adam. "ON CONSIDERATION OF REGULATORY LEGAL ACTS FOR COMPLIANCE WITH THE CONSTITUTION AND LAWS IN THE CONSTITUTIONAL AND ADMINISTRATIVE COURTS." Bulletin of the Institute of Legislation and Legal Information of the Republic of Kazakhstan 80, no. 1 (2025): 26–37. https://doi.org/10.52026/2788-5291_2025_80_1_26.

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The article is devoted to one of the current problems of the general theory of law, constitutional law, administrative process - disputes about verification of compliance with the constitution and laws of regulatory legal acts in constitutional and administrative courts. The paper examines theoretical approaches to this problem, that exist in domestic and foreign scientific legal literature, conducts a critical analysis of the norms of the Constitution of the Republic of Kazakhstan, national legislation on constitutional, administrative and civil proceedings and the practice of its application

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Ghambaryan, Artur. "Contra constitutionem law development by the Parliament of Armenia." Sravnitel noe konstitucionnoe obozrenie 31, no. 4 (2022): 129–53. https://doi.org/10.21128/1812-7126-2022-4-129-153.

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The purpose of the article is to reveal the essence of contra constitutionem law development by the Armenian parliament in the context of its conflict with the Constitutional Court concerning the 2020 constitutional amendments. The objectives of the article are to present the concept and conditions for the justification of the contra constitutionem behavior of the parliament, to assess the need for its behavior contra constitutionem based on an urgent need for ensuring state-protective constitutional principles, and to discuss issues arising from the legal principle nemo iudex in sua causa as

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Salia, H. Erli. "Peran Mahkamah Konstitusi Dalam Mewujudkan Negara Hukum Yang Demokratis." DiH: Jurnal Ilmu Hukum 13, no. 25 (2017): 28. http://dx.doi.org/10.30996/dih.v13i25.1546.

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The Constitutional Court is the state agency that was born after the reform in 1999. Through the changes to the Constitution of 1945, the Constitutional Court is authorized to examine laws (acts) against the Constitution. In addition there are other powers to protect the fundamental rights relating to the constitutional rights of citizens. As a state agency has the authority of the Constitutional Court, among others, as the supreme interpreter of the constitution in addition to realizing the democratic government, the Constitutional Court to act as the guardian of democracy, protection of cons

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7

Sychev, Vitalii B. "Content and forms of participation of the Constitutional Court of the Russian Federation in lawmaking." Izvestiya of Saratov University. New Series. Series Economics. Management. Law 21, no. 2 (2021): 223–31. http://dx.doi.org/10.18500/1994-2540-2021-21-2-223-231.

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Introduction. The judicial constitutional review authorities ensure the supremacy and direct application of the constitutions. They also participates in lawmaking activities. Constitutional review authorities can participate in lawmaking activities directly or circumstantially. There are two kinds of the direct participation of such authorities in lawmaking activities: legislative initiative and participation in lawmaking activities in connection with the implementation of the constitutional review. The methodology of research is based on general scientific and special legal research methods.

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Romtsiv, O. I. "Problems of implementation of decisions of the Constitutional Court of Ukraine." Analytical and Comparative Jurisprudence, no. 5 (December 30, 2022): 97–102. http://dx.doi.org/10.24144/2788-6018.2022.05.18.

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One of the urgent problems of the practice of the Constitutional Court of Ukraine is the implementation of its acts, the non-solution of which calls into question not only its guarantee of the supremacy of the Constitution of Ukraine as the Basic Law of the state throughout Ukraine, but also the authority of the Constitutional Court of Ukraine as a body of constitutional jurisdiction. The fulfillment by the Constitutional Court of Ukraine of the tasks assigned to it is achieved not so much by adopting the relevant acts as by their implementation and implementation. Without the implementation o

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9

Romtsiv, Olena. "Decisions of the constitutional court of Ukraine: problems of implementation." Visnik Nacional’nogo universitetu «Lvivska politehnika». Seria: Uridicni nauki 10, no. 40 (2023): 412–18. http://dx.doi.org/10.23939/law2023.40.412.

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One of the urgent problems of the practice of the Constitutional Court of Ukraine is the implementation of its acts, the non-solution of which calls into question not only its guarantee of the supremacy of the Constitution of Ukraine as the Basic Law of the state throughout Ukraine, but also the authority of the Constitutional Court of Ukraine as a body of constitutional jurisdiction. The fulfillment by the Constitutional Court of Ukraine of the tasks assigned to it is achieved not so much by adopting the relevant acts as by their implementation and implementation. Without the implementation o

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10

Taraban, Nikolay A. "The Establishment of the Phenomenon of Constitutional Cassation in the National Constitutional Judicial Procedure." Russian judge 10 (October 8, 2020): 51–55. http://dx.doi.org/10.18572/1812-3791-2020-10-51-55.

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The article explores the phenomenon of ‘constitutional cassation’ in the transformation of domestic constitutional proceedings. By ‘constitutional cassation’ is meant the assessment by the Constitutional Court of the Russian Federation of the correct interpretation of laws and other legal acts in their constitutional sense in resolving specific cases, without recognizing the laws themselves as unconstitutional. The author notes that the Constitutional Court of the Russian Federation, pursuing constitutionally significant goals to protect the supremacy of the Constitution of the Russian Federat

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11

Odilqoriev, Khojimurod. "ROLE AND SIGNIFICANCE OF THE CONSTITUTIONAL COURT OF THE REPUBLIC OF UZBEKISTAN IN ENSURING CONSTITUTIONAL LEGALITY IN THE COUNTRY." Jurisprudence 4, no. 5 (2024): 8–18. https://doi.org/10.51788/tsul.jurisprudence.4.5./bdhc6188.

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The article scientifically analyzes the essence, content, and features of the institution of providing information to the chambers of the Oliy Majlis and the President on the practice and state of constitutional legitimacy in the country within the framework of the new powers granted to the Constitutional Court in the process of constitutional reforms. The role and significance of the Constitutional Court of the Republic of Uzbekistan in ensuring the constitutional legality of the country is very important. This court checks the compliance of all laws and acts with the Constitution in order to

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Lavrenyuk, Ilya Konstantinovich. "The legal nature and types of acts of the Constitutional Court of the Russian Federation." Право и политика, no. 6 (June 2025): 36–50. https://doi.org/10.7256/2454-0706.2025.6.74951.

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The subject of the research is the legal nature of acts of the Constitutional Court of the Russian Federation, determined on the basis of doctrinal views on legal acts and analysis of the practice of the organ of constitutional justice. To define the legal nature of the acts of the Constitutional Court, the author refers to the characteristics of judicial precedent as well as normative, interpretative and individual legal acts and on this theoretical foundation proposes a classification of acts of the Constitutional Court that allows indicating their place in the system of sources of law. The

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13

Nemțoi, Gabriela. "Categories of Normative Acts Object of the Control of Constitutional Courts." European Journal of Law and Public Administration 10, no. 2 (2023): 95–102. http://dx.doi.org/10.18662/eljpa/10.2/212.

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The Constitutional Court was constituted in a body that was suitable for ensuring the legality of legal norms. In this respect, the Constitutional Court is in fact an independent body that submits to constitutionality control a series of acts with legal effects. In this context, the legislator has developed in a constitutional aspect a control that is applied by notifying the Constitutional Court. In the respective work, we will try to present comparatively the acts that are subject to constitutional control, within the different constitutional courts in different states. The essential idea on

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Onishchuk, Mykola, and Mykhailo Savchyn. "Direct effect of the Constitution and implementation of its provisions in administrative justice." Slovo of the National School of Judges of Ukraine, no. 2(31) (July 30, 2020): 6–26. http://dx.doi.org/10.37566/2707-6849-2020-2(31)-1.

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The problem of direct effect of the Constitution is related to the some aspects of the systematics of sources of law in the legal system of Ukraine in the pint of view of comparative law. Today, the processes of convergence in law continue. In the light of such dynamics, there is a multilevel and pluralistic picture of the direct effect of the provisions of the Constitution of Ukraine as a component of its highest legal force. The resolution of human rights cases by courts is a complex case, as it refers to their excessive restriction by law, which is not based on a sufficient legal basis. Con

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15

Pūraitė-Andrikienė, Dovilė. "Objects of Verification of the Constitutionality of Legal Acts in the Constitutional Court of the Republic of Lithuania." Teisė 116 (October 6, 2020): 72–91. http://dx.doi.org/10.15388/teise.2020.116.5.

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This article analyzes the objects of verification of the constitutionality of legal acts in the Constitutional Court of the Republic of Lithuania. This article aims to reveal the development of the official constitutional doctrine of the Constitutional Court on the issue of objects (according to the different breakdowns of this doctrine highlighted in the article) of verification of the constitutionality of legal acts, which are entrenched in the Articles 102 and 105 of the Constitution of the Republic of Lithuania, and the further development of this institute inter alia in light of the 2019

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Dinata, Ari Wirya. "THE DYNAMICS OF RATIFICATION ACTS OF INTERNATIONAL TREATY UNDER INDONESIAN LEGAL SYSTEM." Jurnal Hukum dan Peradilan 10, no. 2 (2021): 197. http://dx.doi.org/10.25216/jhp.10.2.2021.197-218.

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The Ratification Act is a legal product that states Indonesia's commitment to an international treaty. The constitutionality of these laws has been tested before the Constitutional Court. In its decision, the Constitutional Court stated that the Ratification Acts is the object of judicial review as stipulated in article 24 C paragraph (1) of the 1945 Constitution. Even though there were two differences of opinion in the verdict on the ASEAN Charter Ratification Laws review, namely the Justice: Hamdan Zoelva and Maria Farida. The two judges categorized the Laws on the Ratification of Internatio

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17

Filimonov, Yuri V. "Constitutional and legal nature of rulings of the Constitutional Court of the Russian Federation." Vestnik Tomskogo gosudarstvennogo universiteta. Pravo, no. 51 (2024): 91–98. http://dx.doi.org/10.17223/22253513/51/7.

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The legal nature of the rulings of the Constitutional Court of the Russian Federation in cases on the recognition of normative acts or their individual provisions as constitutional in the interpretation of the Constitution of the Russian Federation is of interpretative nature, they belong to the category of law-explanatory, i.e. law-enforcement acts. At the same time, the rulings of the Constitutional Court of the Russian Federation, being judicial acts, are endowed in accordance with Art. 6, 75, 78, 78, 79, 80, 81 of the Federal Law "On the Constitutional Court of the Russian Federation" with

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18

Tymoshenko, Volodymyr, Vasil Telelym, Serhiy Dromov, and Oleksandr Dromov. "Problematic Issues of Ensuring Human Rights in Ukraine Regarding the Application of Acts Declared Unconstitutional." Humanities and Social Sciences 13, no. 2 (2025): 98–111. https://doi.org/10.11648/j.hss.20251302.11.

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The article offers the results of research into the problem of ensuring human rights in connection with the application of acts recognized by the Constitutional Court of Ukraine as unconstitutional. The analysis of statistical data on the results of the consideration by the Constitutional Court of Ukraine of constitutional submissions regarding the compliance with the Constitution of Ukraine (constitutionality) of normative legal acts and constitutional complaints of citizens regarding the verification of the conformity of the Constitution of Ukraine of the laws of Ukraine, which were applied

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Petrov, Aleksei A. "Law enforcement practice as an object of constitutional judicial assessment in the Russian Federation: Background, experience, problems." Vestnik of Saint Petersburg University. Law 14, no. 3 (2023): 668–85. http://dx.doi.org/10.21638/spbu14.2023.307.

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Turning to law enforcement practice has been and remains an important component of the activities of the Russian Constitutional Court. At the first stage of the history of the Russian judicial constitutional control — during the period of the Constitution (Basic Law) of the Russian Federation — Russia of 1978 and the RSFSR Law of July 12, 1991 No. 1599-I “On the Constitutional Court of the RSFSR” — consideration of cases on checking the constitutionality of law enforcement practice was separate authority of the Constitutional Court. In these conditions, law enforcement practice was the direct

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20

SAFTA, Marieta. "THE ROLE OF CONSTITUTIONAL COURTS IN UPHOLDING THE RULE OF LAW IN EMERGENCY SITUATIONS." Annals of the Academy of Romanian Scientists Series on Philosophy, Psychology and Theology 10, no. 1-2 (2022): 67–79. http://dx.doi.org/10.56082/annalsarsciphil.2022.1-2.67.

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The way in which the security of the State and its democratic institutions, human rights, and the safety of its officials and population are protected in emergency situations constitutes one of the benchmarks of the rule of law. From this perspective, the role of the constitutional courts is a prominent one since the courts are the guarantor of the Constitution, as a fundamental law enshrining all the values and rules of organizing and functioning of the public authorities. In Romania, both the Constitutional Court and the ordinary tribunals have encountered numerous requests from individuals.

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21

Pankevych, Oleh, and Mariya Havryltsiv. "The Constitutional Court of Ukraine: Some Discussion Questions about Its Place in the Modern State Mechanism." Social Legal Studios 4, no. 4 (2021): 12–19. http://dx.doi.org/10.32518/2617-4162-2021-4-12-19.

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The constitutional reform in the field of justice in 2016 led to the development of the institution of constitutional justice in Ukraine. As a result of constitutional changes, the scientific discussion on the legal nature and place of the Constitutional Court in the mechanism of the state has become especially relevant. The Constitutional Court is a legal institution, but it operates in both the system of legal and the system of political relations. Many of the decisions adopted by him on the basis of the Constitution have political and legal content and significance. If the Constitutional Co

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Goldoni Barijan, Gustavo. "OS MODELOS DE JUSTIÇA CONSTITUCIONAL E O SUPREMO TRIBUNAL FEDERAL." Revista Científica Semana Acadêmica 10, no. 223 (2022): 1–19. http://dx.doi.org/10.35265/2236-6717-223-12163.

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The present work seeks to analyze the evolution of the review of constitutionality of the infra-constitutional order from the social evolution itself and the concept of supremacy of the Constitution in two moments: the first with the formation of national States and their own Constitutions, and then with the emergence of the constitutionalism. Afterwards, it will develop the two main forms of exercising this control, the first one arising in the United States, through the judicial control of the acts. The second, by the emergence of Constitutional Courts in Continental Europe. After analyzing

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Кулявець, О. С. "ПРОБЛЕМИ ВИКОНАННЯ РІШЕНЬ КОНСТИТУЦІЙНОГО СУДУ УКРАЇНИ У СПРАВАХ ЗА КОНСТИТУЦІЙНИМИ СКАРГАМИ". Наукові записки Львівського університету бізнесу та права. Серія економічна. Серія юридична, № 31 (30 грудня 2021): 54–61. https://doi.org/10.5281/zenodo.6381794.

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The complaint in the context of the human rights mechanism as a means of protecting the rights of the individual and ensuring the supremacy of the Constitution attracts the attention of researchers.  Based on the results of consideration of constitutional complaints, the Constitutional Court of Ukraine may declare legal acts unconstitutional, ensuring the supremacy of the Constitution and protection of human rights. In addition, the regulation of disputed legal relations is changing. But the mere fact of a court decision does not mean that it will be executed automatically. The decision o

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Petrov, Aleksey A. "Verification of the constitutionality of normative legal acts (based on the practice of the Russian Сonstitutional Сourt)". Tyumen State University Herald. Social, Economic, and Law Research 9, № 2 (2023): 128–42. http://dx.doi.org/10.21684/2411-7897-2023-9-2-128-142.

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This article examines the practice of the RF Constitutional Court in the cases on verifying the constitutionality of laws and other legal acts. Such cases formed the main content of the activities of the Constitutional Court in the field of judicial constitutional normative control at the first stage of its history (1992–1993), but then they became a rarity. The reasons for such dynamics are revealed. It is concluded that the criteria related to the issues of competence of public authorities and officials are subject to exclusion from the list of criteria for verifying the constitutionality of

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Holiev, Oleh. "Differentiation of Powers of the Judiciary and the Constitutional Court of Ukraine in the Application of the Constitution as an Act of Direct Effect." NaUKMA Research Papers. Law 13 (October 22, 2024): 26–37. http://dx.doi.org/10.18523/2617-2607.2024.13.26-37.

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One of the conditions for effective interaction between the judiciary and the Constitutional Court of Ukraine is a clear determination and differentiation of their powers in the application of the Constitution of Ukraine as an act of direct effect. This differentiation helps to avoid duplication of powers, thereby contributing to the coordinated activities of these authorities and ensuring legal certainty. Therefore, the article examines the issues related to the differentiation of powers between the judiciary and the Constitutional Court of Ukraine in the application of the Constitution of Uk

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ZAKOMORNA, Kateryna, and Denys ROHOZIN. "Constitutional control in the post-soviet states: general and distinctive features." Economics. Finances. Law, no. 5/2 (May 26, 2021): 30–33. http://dx.doi.org/10.37634/efp.2021.5(2).6.

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This paper discusses a number of issues related to the structure, status and powers of constitutional control bodies in the post-Soviet countries. The differences between these institutions and the body of constitutional control of Ukraine are analyzed. Particular attention is focused on the key features of the constitutional review body in each of the countries. Thus, a key feature of the Constitutional Court of the Russian Federation is its right to abolish normative legal acts not only at the federal level, but also by the subjects of the federation. Studying the provisions of the Constitut

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Kulyk, Serhiy. "Modernization of national judicial systems in the context of international legal standards." Slovo of the National School of Judges of Ukraine, no. 1(46) (July 29, 2024): 38–45. http://dx.doi.org/10.37566/2707-6849-2024-1(46)-4.

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The article analyzes the key provisions of the European Charter and its Explanatory Memorandum, which indicate the mandatory implementation of international standards at the level of national constitutions. The document emphasizes that the basic principles of judicial behavior should be enshrined in domestic regulations at the highest level, which provides guarantees of competence, independence and impartiality of judges and courts. This provision is mandatory for all European states, which requires the inclusion of relevant standards in constitutional acts. The article examines the example of

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Sychev, Semen. "Law-Making and Law Enforcement of Civil Rights and Freedoms: Constitutional and Legal Aspects." Bulletin of Kemerovo State University. Series: Humanities and Social Sciences 2022, no. 1 (2022): 64–74. http://dx.doi.org/10.21603/2542-1840-2022-6-1-64-74.

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The author raises the question of improving the activities of public authorities that comply with the orders of the Constitutional Court of the Russian Federation. The research featured various issues related to the implementation of constitutional justice and their possible solutions. The study revealed the following needs: 1) to adjust the Federal Constitutional Law on the Constitutional Court of the Russian Federation to time-limits for State Duma draft laws; 2) to return the extraordinary adoption of bills in pursuance of decisions of the Constitutional Court of the Russian Federation; 3)

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Ezerov, Albert. "Application of the Constitution of Ukraine in the implementation of justice: basic principles." Slovo of the National School of Judges of Ukraine, no. 3(32) (December 18, 2020): 19–36. http://dx.doi.org/10.37566/2707-6849-2020-3(32)-2.

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The article focuses attention on the fact that the phenomenon of the Constitution is not limited to the constitutional text, since the Constitution, first of all, is a system of basic values designed to limit any manifestations of arbitrariness of public authority to ensure human rights. At the same time, it is noted that the «tangible» for the constitutional system exactly is the embodiment of the material Constitution as a text and a system of legal requirements in lawmaking and law enforcement, which directly depends on the subjects of law «users» of the Constitution. It is noted that the a

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Felicia, Felicia. "Kedudukan Mahkamah Konstitusi Dalam Sistem Hukum Ketatanegaraan Indonesia." Jurnal Indonesia Sosial Teknologi 3, no. 5 (2022): 573–85. http://dx.doi.org/10.36418/jist.v3i5.422.

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In the Indonesian constitutional law system, it is known as the Constitutional Court, which is a high state institution which is the holder of judicial power together with the Supreme Court. It can be said there are two actors of judicial power, namely the Constitutional Court and the Supreme Court. The problem in this article is what is the position and authority of the Constitutional Court in the Indonesian constitutional law system. The Constitutional Court here has an equal and high position with the Supreme Court, which means that no one has a position below it. The authority of the Const

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Pérez, Aida Torres. "Melloni in Three Acts: From Dialogue to Monologue." European Constitutional Law Review 10, no. 2 (2014): 308–31. http://dx.doi.org/10.1017/s1574019614001199.

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On 13 February 2014, the Spanish Constitutional Court came to a final decision regarding the fate of Mr Stefano Melloni. The story of the case is worthy of attention not only from the perspective of the interaction between the Spanish Constitutional Court and the Court of Justice of the European Union (CJEU), but also from the standpoint of the conflicting levels of rights' protection in Europe. The story of Melloni can be described in three acts: setup, confrontation, and resolution.First, the setup: in 2011, the Spanish Constitutional Court made its first and (so far) only preliminary refere

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Karan, Siniša, та Siniša Aleksić. "Ustavni sud Bosne i Hercegovine - od ustavobranitelјa do ustavotvorca / Constitutional Court of Bosnia and Herzegovina". Годишњак факултета правних наука - АПЕИРОН 6, № 6 (2016): 104. http://dx.doi.org/10.7251/gfp1606104k.

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The most important issue of the functioning and survival of the states of ambiguous complex federal type (such as BiH), has been the issue of division of competences, and in this regard, the issue of constitutional efficient control of these federal relationships and the distribution of competences.Belonging to a particular collectivity acts as a defining category in the views of the political and constitutional arrangement of Bosnia and Herzegovina as a state community. By bringing the connection of everything with the constitutional model, by creating an image of intolerance of socio-politic

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Ghambaryan, A. S. "COLLISIONS BETWEEN THE LEGAL ACTS OF EURASIAN ECONOMIC UNION AUTHORITIES AND THE LEGAL ACTS OF THE REPUBLIC OF ARMENIA AND THEIR SETTLEMENT BY THE COURTS OF THE REPUBLIC OF ARMENIA." Vektor nauki Tol’attinskogo gosudarstvennogo universiteta. Seria Uridicheskie nauki, no. 3 (2021): 11–19. http://dx.doi.org/10.18323/2220-7457-2021-3-11-19.

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For a comprehensive study of collisions between the legal acts of the EEU authorities and legal acts of the Republic of Armenia, as well as the issues of their settlement by the RA courts, the author analyzes the regulations for the direct application of legal acts of the EEU authorities in the territory of the Republic of Armenia. There are no collision norms in the legislation of the Republic of Armenia, resolving the contradictions between the legal acts of the EEU bodies and the legal acts of the RA authorities (except the Constitution of the Republic of Armenia). The paper analyzes the po

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Fitri Djaafara, Aryuni, Jean Claudia, Maulida Syahrin Najmi, and Rasji Rasji. "Peran dan Wewenang Mahkamah Konstitusi dalam Sistem Pemerintahan Indonesia." COMSERVA : Jurnal Penelitian dan Pengabdian Masyarakat 2, no. 8 (2022): 1420–26. http://dx.doi.org/10.59141/comserva.v2i8.500.

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The Constitutional Court is a State Institution Guarding the Constitution which Has the Authority to Decide at the First and Last Levels. As an actor of judicial power, the constitutional function of the Constitutional Court is the judiciary to uphold law and justice. As for the authority of the Constitutional Court that has been listed in Law Number 24 of 2003, namely that the Constitutional Court has the authority to resolve disputes or disputes related to the authority of state institutions that are given authority by the 1945 Constitution of the Republic of Indonesia; Decide the dissolutio

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Tahiri, Xhafer. "Judicial Activism or Constitutional Interpretation?: An Analysis of the Workings of the Constitutional Court of Kosovo." European Public Law 23, Issue 1 (2017): 147–64. http://dx.doi.org/10.54648/euro2017008.

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The article is an analysis of the workings of the Constitutional Court of Kosovo and investigates judicial activism of the Court. The Constitutional Court is established in the new Constitution of Kosovo; it is empowered with legal authority to review decisions and laws adopted by the Assembly of Kosovo regarding their constitutionality, and the constitutionality of laws or acts of the Government and institutions of public authority. The Court has broad legal authority to protect rights under the constitution, through broad ranging instruments for protecting those human rights guaranteed to al

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Lyubchik, A. A., and O. G. Minkova. "Interpretation of Law: Problems of Theory, Legal Regulation and Law Enforcement." Rossijskoe Pravo Obrazovanie Praktika Nauka 145, no. 1 (2025): 4–17. https://doi.org/10.34076/2410-2709-2025-145-1-4-17.

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The article analyzes scientific and legislative approaches to the concept and meaning of interpretation of the norms of law, its role in law enforcement activities both in the modern legal reality of the Russian Federation and in the periods of the Russian Empire and the USSR. The thesis is argued that the interpretation of the highest judicial authorities has never been considered and today is not recognized as a form of law. It is shown that the acts of the Constitutional Court of the Russian Federation on the interpretation of the Constitution of the Russian Federation, on the assessment of

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Petrov, Aleksei. "Development of the Concept of a Normative Legal Act in the Practice of the Constitutional Court of the Russian Federation." Academic Law Journal 24, no. 3 (2023): 300–304. http://dx.doi.org/10.17150/1819-0928.2023.24(3).300-304.

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The Constitution of the Russian Federation proceeds from the fact that the main activity of the Constitutional Court of the Russian Federation is judicial constitutional normative control, i.e. verification of the constitutionality of normative legal acts. In this regard, the question of the content of the concept of «normative legal act» in the framework of constitutional justice is of particular importance. The article notes that this issue was especially actively studied by the Constitutional Court at the first stage of its history (before the current Constitution came into force). The prer

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Irkliienko, Andrey. "Constitutional and legal status of the Constitutional Council of France." Law Review of Kyiv University of Law, no. 2 (August 10, 2020): 138–41. http://dx.doi.org/10.36695/2219-5521.2.2020.23.

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he Constitutional Council of France is a body of constitutional control established by the Constitution of 1958. The ConstitutionalCouncil is not the only body that carries out the control over constitutionality. The peculiarity of constitutional control in France consistsin the fact that it has a dual nature and goes beyond well-known models of constitutional control. The constitutionality of acts, issuedby the Parliament, is considered by the Constitutional Council, and after the executive bodies do that, it is passed on to the State Council.Despite the fact that the Constitutional Council i

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Žalimas, Dainius. "The Doctrine of Supra-Constitutionality and Lithuanian Constitutional Identity." Journal of the University of Latvia. Law 15 (November 16, 2022): 5–17. http://dx.doi.org/10.22364/jull.15.01.

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The aim of this article is to analyse the doctrine of supra-constitutionality, as developed by the Constitutional Court of the Republic of Lithuania, and its impact on the concept of the Lithuanian constitutional identity. The article deals with origins of the doctrine of supra-constitutionality, its content and consequences for the paradigm of constitutional law. This doctrine follows from the fundamental constitutional acts of the State of Lithuania, first and foremost, from the Act of Independence of 16 February 1918. From the standpoint of the current Constitution of 1992, these acts are c

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Sinani, Blerton. "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 14, no. 1 (2024): 156–73. http://dx.doi.org/10.62768/tbj/2024/14/1/10.

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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

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Kelman, Mykhailo. "Constitutional Justice as a Factor of Formation and Development of Ukrainian Constitutionalism (part 1)." Visnik Nacional’nogo universitetu «Lvivska politehnika». Seria: Uridicni nauki 11, no. 44 (2024): 67–73. https://doi.org/10.23939/law2024.44.067.

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Аbstract. Over the twenty-eight years of its existence, the Constitutional Court of Ukraine has attracted a lot of criticism from the authorities and society, largely due to the imperfection of the legislation governing its activities. Therefore, changes in the organization of work of this respected institution are extremely relevant today and are eagerly awaited by experts, politicians and the public. In accordance with Article 147 of the Constitution of Ukraine, the Constitutional Court of Ukraine decides on the compliance of laws. Article 1 of the Law of Ukraine “On the Constitutional Court

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Balatska, O. "The right to a constitutional complaint as an element of access to constitutional justice." Uzhhorod National University Herald. Series: Law 4, no. 84 (2024): 151–57. http://dx.doi.org/10.24144/2307-3322.2024.84.4.21.

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The article is devoted to the study of the right to file a constitutional complaint as a component of ensuring access to constitutional justice. Based on the analysis of Ukraine’s legal doctrine and legislation, it has been established that the institution of constitutional complaint became a novelty within the framework of the institutional judicial reform regarding justice in 2016, which was accompanied by amendments to the Constitution, and the practical implementation of these provisions, as well as the consideration of constitutional complaints by the Constitutional Court of Ukraine began

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Muthu Kumar, B. "Determining the Bench Size for Constitutional Adjudication." Christ University Law Journal 5, no. 1 (2016): 1–18. http://dx.doi.org/10.12728/culj.8.1.

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The Supreme Court of India acts as a Constitutional Court as well as the highest appellate court. The Constitution imposes mandatory minimum requirements for the strength of the Bench for constitutional adjudication. The apex Court has been criticized for constituting fewer number of Constitution benches, and for delaying the disposal of constitutional matters. Many Constitutional questions are being decided upon by Division benches or Constitutional benches, consisting of merely three members, due to prolific appeals in the Supreme Court. The researcher aims to analyze the question ‘whether t

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Kudryavtseva, Ekaterina P., and Tatiana V. Praskova. "Some Problems in Criminal Proceedings with Jury Participation: a Law Enforcer’s View." Rossijskoe pravosudie, no. 1 (December 16, 2024): 62–72. https://doi.org/10.37399/issn2072-909x.2025.1.62-72.

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The main challenges in criminal proceedings are conflicts between individual norms of the Criminal Procedure Law, which effectively result in the substitution of constitutional provisions with separate federal law acts that violate fundamental citizens’ rights guaranteed by the Constitution of the Russian Federation, particularly the right to equal access to justice for the protection of one’s rights and freedoms. Research objectives – to study and analyze legal issues arising during court proceedings with jury participation when examining specific criminal cases where federal law norms contra

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Rautenbach, IM. "Constitutional Court 1995 – 2012: How did the Cases reach the Court, Why did the Court refuse to consider Some of Them, and How Often did the Court Invalidate Laws and Actions?" Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 16, no. 4 (2017): 45. http://dx.doi.org/10.17159/1727-3781/2013/v16i4a2388.

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The purpose of this article is to contribute data for the purposes of debates on how effectively the Constitutional Court performed its functions between 1995 and 2012. The cut-off date of 31 December 2012 has no other significance than that it was the last date before the beginning of the year in which this article was written. However, it is envisaged that the Constitution Seventeenth Amendment Act of 2012, which expressly provides that the Constitutional Court will after its commencement have jurisdiction to hear applications on non-constitutional matters. The figures contained in this arti

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Latysheva, N. A., and E. A. Kolesov. "INFLUENCE OF ACTS OF HIGHER COURTS OF THE RUSSIAN FEDERATION ON THE ACTIVITY CONTENT OF STATE CIVIL SERVANTS – EMPLOYEES OF THE COURT APPARATUS." Vestnik Povolzhskogo instituta upravleniya 22, no. 2 (2022): 31–39. http://dx.doi.org/10.22394/1682-2358-2022-2-31-39.

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The impact of the judicial practice of the Constitutional Court of the Russian Federation and the Supreme Court of the Russian Federation on the content of the official activities of civil servants - employees of the apparatus of courts of general jurisdiction and arbitration courts is analyzed. As a result of the study, the orienting nature of the acts of the Constitutional Court of the Russian Federation was recorded, which is expressed in taking into account the legal positions contained in them during the court activities organizational support.

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Семеновский, Игорь, and Igor' Semenovskiy. "BASICS OF THE JUDICIAL CONSTITUTIONAL REVIEW AND ENFORCEMENT IN RUSSIAN AND BRAZILIAN FEDERAL STRUCTURE." Journal of Foreign Legislation and Comparative Law 3, no. 3 (2017): 43–48. http://dx.doi.org/10.12737/article_593fc343aac832.56581856.

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This article is devoted to the comparative analysis of bases of legal regulation of the constitutional proceedings and enforcement in the Russian Federation and the Federative Republic of Brazil, whihc are the Member States of BRICS. The author provides a brief overview of the constitutional regulation of the judiciary and a comparative analysis of the models of judicial constitutional control in Brazil and Russia; examines in detail the legal regulation of judicial constitutional control of the two states, including a review of the constitutional regulation of judicial procedures used by the

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Timomor, Adensi, Patrisia Lembong, and Theodorus Pangalila. "The Authority of the Constitutional Court in Establishing New Norm Post-Amendment of the Indonesian Constitution." JED (Jurnal Etika Demokrasi) 9, no. 3 (2024): 366–77. https://doi.org/10.26618/jed.v9i3.14989.

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The problem in this research is that after the amendment of the Indonesian Constitution, the establishment of the Constitutional Court included judicial review as one of its authorities. As a court, the Constitutional Court generally acts as a negative legislator, where any law declared unconstitutional is declared null and void and not binding in any legal capacity. However, the Constitutional Court often formulates new norms to replace the unconstitutional provisions of the law, which leads to its position as a positive legislator. Therefore, the purpose of this research is to identify and a

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Volska, I. V. "Reforming Constitutional Justice in Ukraine." Uzhhorod National University Herald. Series: Law 66 (November 29, 2021): 42–45. http://dx.doi.org/10.24144/2307-3322.2021.66.7.

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This article is swamped by the reform of the constitutional justice, which is envisaged by the strategy of development of the system of justice and constitutional justice for 2021 - 2023. The Constitutional Court of Ukraine is a body of constitutional jurisdiction, which provides the rule of the Constitution of Ukraine, solves the issue of the constitution of the Constitution of Ukraine, the laws of Ukraine and in the Constitution provided by the Constitution of other acts, carries out an official interpretation of the Constitution of Ukraine, as well as other powers in accordance with the Con

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Пресняков, Михаил, and Mikhail Pryesnyakov. "Equal to the Constitution: the Sources of Law of Highest Legal Force in the Russian Federation." Journal of Russian Law 4, no. 8 (2016): 0. http://dx.doi.org/10.12737/20906.

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In article the question of validity of the Constitution of the Russian Federation and some other sources of the right which can also possess the highest validity is considered. In particular the author comes to a conclusion that legal positions of the Constitutional Court of the Russian Federation possess the highest validity and in total with the constitutional provisions represent the actual Constitution. On the other hand, both laws on amendments to the Constitution, and the universally recognized norms of international law on the validity stand below constitutional precepts of law. Acts of

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