Podcast
Questions and Answers
Which type of decision allows for the future implementation of a statute to comply with the Constitution?
Which type of decision allows for the future implementation of a statute to comply with the Constitution?
- Declatory Decision
- Interpretative Decision (correct)
- Annulment - ab initio
- Appellate Decision
In which model of constitutional review are all regular courts able to pass review?
In which model of constitutional review are all regular courts able to pass review?
- Austrian Model
- American Model (correct)
- Centralised Model
- Hybrid Model
What distinguishes the Austrian Model in terms of the review process compared to the Hybrid Model?
What distinguishes the Austrian Model in terms of the review process compared to the Hybrid Model?
- It allows only a posteriori review
- It uses specialized ad hoc Constitutional Court (correct)
- It supports only principaliter proceedings
- It is based on decentralized review
What is a key feature of an appellate decision regarding the Legislature?
What is a key feature of an appellate decision regarding the Legislature?
Which model of constitutional review allows for both a priori and a posteriori reviews?
Which model of constitutional review allows for both a priori and a posteriori reviews?
Flashcards
Cassation Decision (Annulment)
Cassation Decision (Annulment)
A decision by a constitutional court that completely annuls (cancels) a law or regulation, making it void from the beginning (as if it never existed).
Abrogation Decision
Abrogation Decision
A decision by a constitutional court that declares a law or regulation invalid, but only for the future, meaning it remains valid for past actions.
Interpretative Decision
Interpretative Decision
A decision by a constitutional court that clarifies the meaning of a law or regulation, without striking it down.
Decentralized Review (American Model)
Decentralized Review (American Model)
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Centralized Review (Austrian Model)
Centralized Review (Austrian Model)
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Study Notes
Cassation Decisions
- Annulment can be ab initio (from the beginning).
- Abrogation is prospective.
- A declaratory decision is possible.
- It can be preventative.
- Appellate decisions can involve the Constitutional Court appealing to the Legislature for specific provisions (explicitly, implicitly, with or without a time limit).
Interpretative Decisions
- The Constitutional Court can use its interpretation to ensure future implementations of a statute comply with the Constitution.
Models of Constitutional Review
American Model
- Decentralized review: all regular courts can review laws.
- Incidenter review: occurs during regular court proceedings.
- A posteriori review: review happens after a law is enacted.
Austrian Model
- Centralized review: a specialized Constitutional Court handles reviews.
- Principaliter review: special procedures are used.
- A priori/a posteriori review: both before and after enactment.
Hybrid Model
- Centralized review: a specialized Constitutional Court handles constitutional matters.
- Principaliter/incidenter review: special or regular court proceedings.
- A priori/a posteriori review: before and after enactment.
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