Document Type

Report

Publication Date

2003

Keywords

constitution-making bodies, courts, judiciary selection and removal, constitutional review, constitutional court, constitutional interpretation, justice, Islamic law, Sharia law

Abstract

This memorandum considers how to design constitutional courts to be most effective. With reference to examples such as Hungary, Italy, and Russia, the article examines dimensions including jurisdiction, appointment and tenure, and the effect of judicial declarations of unconstitutionality. The article also examines how a carefully designed and properly limited constitutional court can aid the creation of the rule of law, with specific reference to Afghanistan.

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Library of Congress Subject Headings

Constitutional courts, Constitutional courts--Afghanistan, Rule of law, Judicial review

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