1. What is a constitutional court?
A constitutional court is an independent judiciary body which has the authority to interpret and enforce the country’s constitution. It guarantees that the country’s laws and the actions of its government adhere to constitutional precepts.
2. What are the key functions of a constitutional court?
Key functions include the following:
Judicial review: Evaluating whether or not laws and policies are constitutional.
Resolving disputes: Adjudicating disagreements between different levels of government, or even among the three branches of government-federal versus state.
Protection of basic rights: That the rights of the individual are protected.
3. How is a constitutional court different from other courts?
A constitutional court only deals with constitutional cases, whereas general courts deal with a wider variety of cases (civil, criminal, etc.)
Also read:
- https://legalaceguide.com/10-frequently-asked-questions-about-fundamental-rights-and-duties/
- https://legalaceguide.com/6-key-questions-about-constitutional-roles-of-government/
- https://legalaceguide.com/20-questions-about-the-bill-of-rights-and-its-applications/
4. Who can file cases in a constitutional court?
This varies with the country, but generally
Government officials or agencies.
Individuals or organizations whose constitutional rights have been violated.
Political parties or organizations in electoral or governance disputes.
5. What is judicial review?
Judicial review refers to the procedure of a constitutional court reviewing statutes or actions by the executive for consistency with the constitution. When found to be inconsistent with the constitution, it can declare such statutes or actions null and void.
6. How do constitutional courts protect individual rights?
By declaring unconstitutional laws or government actions which violate rights conferred by the constitution, such as freedom of speech, equality, or due process.
7. Are decisions made by a constitutional court subject to appeal?
Normally, decisions made by constitutional courts are final and binding. Some systems may revise them only under exceptional circumstances or with constitutional amendments.
8. Why is a constitutional court important?
They maintain rule of law and prevent the abuse of power while settling conflicts within the government and democratic principles and freedoms.
