Public law 19- Constitutional court

Question 1

purpose of constitutional courts

Answer 1

-ensure laws and government actions comply with constitutional standards.
-protect fundamental rights, enforce constitutional values, and maintain the balance between government branches
-through judicial review, these courts assess the validity of primary laws an resolve conflicts between institutions, safeguarding the rule of law and constitutional democracy.

Question 2

what is the judicial review on the constitutional legitimacy of legislation mean

Answer 2

it is the process by which the court examines whether laws align with the constitution.

Question 3

refer to slide 5: judiciqal review on the constitutional legitamacy of legislation

Answer 3

can be preventative or direct/indirect
-preventive is when the decision is ruled before a certain rule comes into place or subsequen which means they come when the rukle does come into place
-direct is when the party directly claims wiith the court. indirect is when the person applies to the court for a certain day

Question 4

describe the judicial review of primary legislation under the italian constitution

Answer 4

-the constitution establishes an ad hoc court to have exclusive jurisdiction on reviewing primary legislation once it has entered into force

Question 5

describe the people in the constitutional court

Answer 5

-15 judges whose office lasts for 9 years.
-to be eligible judges must be: full professors at law at universities, high court judges, barristers having 20 years of experience.

-out of these 15, 5 are elected by the parliament, the president elects 5 , and the highest courts elect 5.

Question 6

what are the functions of the constitutional court

Answer 6

the court holds exclusive jurisdiction over the conflicts on the:
1- reviewing laws: it decides whether laws made by the state comply with the constitution
2-resolving power conflicts: it settles disputes between the main branches of the state, between different regions.
3-impeaching the president: it oversees cases where the president is accused of serious misconduct
4-reviews referendum proposals: it checks if it complies with the constitutional rules.

Question 7

the judgement of constitutionality may concern:

Answer 7

1- parliament’s statutory law
2-regional statutory law
3- acts having the force of law
4- laws amending the constitution and other constitutional laws

Question 8

it prevents constitutive judgement over the legitimacy of:

Answer 8

1. secondary legislation(government regulations)
2. Normative facts(customaries)

Question 9

Explain the direct access procedure

Answer 9

Claims must be lodged within 60 days from the statutory law’s publication in
the Official Journal/Gazette
-takes place through a claim files by eligible bodies:
1-the government against regions
2-any region against the state
3-region against another region

Question 10

explain the indirect access procedure

Answer 10

-persons involved in a trial (locus standi) may eventually claim [=> or
“question” ] about the constitutional legitimacy of a primary law by filing it before
the (same) court holding it

Question 11

a quo judge the judge can reject the question as irrelevant

Answer 11

or the judge can accept the question, he orders to temporarily stop the trial and submit it to the constitutional court

Question 12

constitutional court’s ruling

Answer 12

can be of judgement( judges about the merit of the question)
or ordinance( the court states through a brief ruling)