Judicial review exists under certain conditions in the Constitutional Court, or Corte Costituzionale, which can reject anti-constitutional laws after scrutiny.

The Constitutional Court passes on the constitutionality of laws, and is a post-World War II innovation.

As he described in his article, in 2003, U. S. Senator Rick Santorum commented on a pending U. S. Supreme Court case involving sodomy laws ( primarily as a matter of Constitutional rights to Privacy and Equal Protection under the Law ).

According to Chernow, Madison's position " was a breathtaking evolution for a man who had pleaded at the Constitutional Convention that the federal government should possess a veto over state laws.

* Judiciary: The Constitutional Court, Supreme Court, Supreme Court of Arbitration and lower federal courts, whose judges are appointed by the Federation Council on the recommendation of the President, interpret laws and can overturn laws they deem unconstitutional.

The Constitutional Court () has jurisdiction over all Spain, competent to hear appeals against the alleged unconstitutionality of laws and regulations having the force of law, as well as individual appeals for protection ( recursos de amparo ) against violation of the rights and liberties granted by the constitution.

However, the United States Supreme Court has ruled that certain ballot access requirements, such as filing fees and submitting a certain number of valid petition signatures do not constitute additional qualifications and thus few Constitutional restrictions exist as to how harsh ballot access laws can be.

Category: Constitutional laws of England

They also prevented a Constitutional bishop from presiding at the burial, as the laws of France then required, so no burial service was held.

Category: Constitutional laws of the United Kingdom

The Netherlands do not have a Constitutional Court and judges do not have the authority to review laws on their constitutionality.

In July 2010, the German Federal Constitutional Court ruled that PETA's campaign was not protected by free speech laws, and banned it within Germany as an offense against human dignity.

The judicial branch is headed by the Federal Constitutional Court, which oversees the constitutionality of laws.

The Federal Constitutional Court decides on the constitutionality of laws and government actions under the following circumstances:

The Constitutional Court interprets the constitution, determines the constitutionality of laws, and resolves disagreements between local and federal authorities.

Category: Constitutional laws of the United Kingdom

Because there is no Constitutional Court testing laws and acts against the constitution, much of the systematics are centered on the problem of delegation.

Therefore no constitutional review of formal laws is possible ; the Netherlands lack a Constitutional Court.

The judicial branch plays a minor role in politics, apart from the Constitutional Tribunal, which can annul laws that violate the freedoms guaranteed in the constitution.

For instance, it is on the basis of the preamble to the French Constitution, mentioning the solemn regard of the French Republic towards the principles set forth in the 1789 Declaration of the Rights of Man and of the Citizen, that the Constitutional Council has declared certain laws to be unconstitutional ( the first case being decision 71-44DC ).

In the 1860 presidential election, Tensas Parish supported by plurality the Constitutional Union Party candidate, U. S. Senator John Bell of Tennessee, who pledged merely to support the Constitution of the United States, the Union, and the " enforcement of the laws.

Category: Constitutional laws of Northern Ireland

The " market participation exception " to the Dormant Commerce Clause does not give states unlimited authority to favor local interests, because limits from other laws and Constitutional limits still apply.

An attempt by the French government to incorporate the independent Breton-language immersion schools ( called Diwan ) into the state education system was blocked by the French Constitutional Council on the grounds that, as the 1992 amendment to the Constitution of the 5th Republic states that French is the language of the Republic, no other language may be used as a language of instruction in state schools.

This means receiving the encrypted programming of DishNetwork or DirecTV, even with a grey market subscription, may be construed as unlawful ( this remains an unresolved Constitutional issue ).

The main difference between the Federal Constitutional Court and the Federal Court of Justice is that the Federal Constitutional Court may only be called if a constitutional matter within a case is in question ( e. g. a possible violation of human rights in a criminal trial ), while the Federal Court of Justice may be called in any case.

:::( 2 ) President of the Republic may be prosecuted for high treason at the Constitutional Court based on the Senate's suit.

The Constitutional Council shall be consulted with regard to such measures. Parliament shall sit as of right. The National Assembly shall not be dissolved during the exercise of such emergency powers. After thirty days of the exercise of such emergency powers, the matter may be referred to the Constitutional Council by the President of the National Assembly, the President of the Senate, sixty Members of the National Assembly or sixty Senators, so as to decide if the conditions laid down in paragraph one still apply.

In addition to Miranda confession may be challenged under the Massiah Doctrine, the Voluntariness Standard, Provisions of Federal and State rules of criminal procedure and State Constitutional provisions.

** The president may also refer the law for review to the Constitutional Council prior to promulgation.

According to article 7 of the Constitution, if the presidency becomes vacant for any reason, or if the president becomes incapacitated, upon the request of the gouvernement, the Constitutional Council may rule, by a majority vote, that the presidency is to be temporarily assumed by the President of the Senate.

The body may be dismissed by the president with the concurrence of the Constitutional Court ; because that court is subject to presidential appointment, the dismissal clause weights the balance of power heavily toward the executive branch.

Although divorced from the U. S. Constitutional limitation, Canada has recognized that considerations of judicial economy and comity with the legislative and executive branch may justify a decision to dismiss an allegedly moot case, as deciding hypothetical controversies is tantamount to legislating.

Although this is not explicitly spelled out in the Basic Law, a number of Constitutional Court cases in the 1990s established that the military may not be deployed by the government outside of NATO territory without a specific resolution of parliament, which describes the details of the mission and limits its term.

Lord Falconer of Thoroton, former Secretary of State for Constitutional Affairs, stated that the ruling may result in some, but not all, prisoners being able to vote.

Constitutional questions may, of course, also be raised in the normal case of appeals involving individual litigants, governments, government agencies or crown corporations.

Since Constables are Constitutional peace officers they are exempt from attending the mandatory Department of Criminal Justice Training academy, although they may choose to do so.

On 13 October 1997, the Croatian 1861 Law Party and the Bosnia-Herzegovina 1861 Law Party requested the Constitutional Court of Bosnia and Herzegovina to annul several decisions and to confirm one decision of the Supreme Court of the Republic of Bosnia and Herzegovina and, more importantly, to review the constitutionality of the General Framework Agreement for Peace in Bosnia and Herzegovina, since they alleged that the agreement violated the Constitution of Bosnia and Herzegovina in a way that it undermined the integrity of the state and that it may cause the dissolution of Bosnia and Herzegovina.

Another Constitutional provision prohibits Congress from reducing the pay of any Article III judge ( Congress is able to set a lower salary for all future judges that take office after the reduction, but may not decrease the rate of pay for judges already in office ).

The President may refer to the Constitutional Tribunal ; if he has not made reference, he may refer the bill to the Sejm ( veto ) for further reconsideration.

As this is not a Constitutional prohibition, Congress may change or override this interpretation by passing a law.

The Prime Minister may also submit a bill that has not been yet signed into law to the Constitutional Council ( article 61 ).