Sept 16, 2024
By Rehan Piracha
LAHORE:
A proposed constitutional package, set to be enacted through the 26th Constitutional Amendment, may establish a separate Federal Constitutional Court alongside Pakistan’s Supreme Court, placing the country among a growing list of 77 nations with similar institutions.
Constitutional courts have been a staple in various European countries since the 1920s, influenced by Austrian jurist Hans Kelsen’s theories. Post-World War II, countries like West Germany (1949), France (1958), Portugal (1974), Spain (1978), and Yugoslavia (1963) incorporated constitutional courts into their constitutions.
Germany’s Federal Constitutional Court, established in 1951, ensures adherence to the Basic Law and protects fundamental rights. The Court has the final say in disputes related to the Basic Law and its decisions are binding on all state organs. While its decisions have political implications, the Court remains impartial and only considers the Basic Law in its rulings. The Court consists of two Senates with eight Justices each, assisted by judicial clerks. Justices are elected by the Bundestag and Bundesrat (the lower and upper houses of Parliament) with a two-thirds majority required to ensure balance. Members must be at least 40 years old, qualified for judicial office, and have broad judicial experience. Justices serve for 12 years or until age 68 and cannot be re-elected to ensure independence. The Court plays a crucial role in limiting state power and upholding the democratic constitutional state.
In France, the constitutional court takes the shape of the Constitutional Council established in 1958. The council ensures legislation aligns with the Constitution. The Council comprises nine members appointed for nine-year terms by the President and parliamentary presidents. It reviews legislation before enactment and rules on constitutionality. The Council has judicial and consultative powers. Proceedings are conducted in writing, with public hearings for priority preliminary rulings. Decisions require at least seven members, with the President holding a casting vote. The Council plays a crucial role in upholding France’s Constitution and ensuring the rule of law.
In Sweden, the Supreme Administrative Court serves as a constitutional court, reviewing administrative decisions for compliance with laws, general legal principles, and European Court of Human Rights case-law. It can quash decisions that infringe on legal principles. Individuals have three months to appeal a decision. Additionally, the Court can review government decisions affecting civil rights, revoking them if they contradict legal provisions. This ensures that administrative decisions align with the law and protects individual rights. The Court’s judicial review provides a crucial check on government power and upholds the rule of law in Sweden.
In recent years, Eastern European and former Soviet Union countries have followed suit, along with other states worldwide. These courts primarily: resolve center-periphery controversies; balance central state branches; and provide impartial judgments in sensitive cases. The constitutional courts ensure constitutional adherence, and independent and impartial oversight over parliament.
The list of constitutional courts in countries across Europe, Africa, Asia, South America and North America is given below.
Europe
Albania, Constitutional Court
Andorra, Constitutional Court
Austria, Constitutional Court
Belarus, Constitutional Court
Belgium, Constitutional Court
Bosnia and Herzegovina, Constitutional Court
Bulgaria, Constitutional Court
Croatia, Constitutional Court
Czech Republic, Constitutional Court
Finland, Supreme Administrative Court
France, Constitutional Council
Georgia, Constitutional Court
Germany, Federal Constitutional Court
Hungary, Constitutional Court
Italy, Constitutional Court
Kosovo, Constitutional Court
Latvia, Constitutional Court
Lithuania, Constitutional Court
Macedonia, Constitutional Court
Moldova, Constitutional Court
Montenegro, Constitutional Court
Netherlands, Council of State
Constitutional Court; Poland, Constitutional Tribunal
Portugal, Constitutional Court
Romania, Constitutional Court
Russia,Constitutional Court
Serbia, Constitutional Court
Slovakia, Constitutional Court
Slovenia, Constitutional Court
Spain, Constitutional Court
Sweden, Supreme Administrative Court
Ukraine, Constitutional Court
Africa
Algeria, Constitutional Council
Angola, Constitutional Court
Benin, Constitutional Court
Burkina Faso, Constitutional Council
Burundi, Constitutional Court
Cape Verde, Constitutional Court
Chad, Constitutional Council
Comoros, Constitutional Court
Congo (Brazzaville), Constitutional Court
Congo, Democratic Republic, Constitutional Court
Céte d’Ivoire, Constitutional Council
Egypt, Supreme Constitutional Court
Gabon, Constitutional Court
Madagascar, High Constitutional Court
Mali, Constitutional Court
Mauritania, Constitutional Council
Mongolia, Constitutional Court
Morocco, Constitutional Council
Mozambique, Constitutional Council
Niger, Constitutional Court
Senegal, Constitutional Council
South Africa, Constitutional Court
Togo, Constitutional Court
Asia
Armenia, Constitutional Court
Azerbaijan, Constitutional Court
Bahrain, Constitutional Court
Indonesia, Constitutional Court
Jordan, Constitutional Court
Kazakhstan, Constitutional Council
South Korea, Constitutional Court:
Kuwait, Constitutional Court;
Kyrgyzstan Constitutional Chamber of the Supreme Court
Lebanon, Constitutional Council
Tajikistan, Constitutional Court
Thailand, Constitutional Court
Turkey, Constitutional Court
Uzbekistan, Constitutional Court
South America
Chile, Constitutional Court
Colombia, Constitutional Court
Ecuador, Constitutional Court
Mexico, Electoral Court of the Federal Judiciary
Brazil, Federal Supreme Court
North America
Costa Rica, Constitutional Chamber of the Supreme Court
Dominican Republic, Constitutional Court
Nicaragua, Constitutional Chamber of the Supreme Court