Book Chapter

Courts with Constitutional Jurisdiction

Cheryl Saunders

The Cambridge Companion to Comparative Constitutional Law | Cambridge University Press | Published : 2019

Abstract

This chapter is primarily concerned with one category of courts: those with jurisdiction to interpret and apply the Constitution. Because, in some states, multiple courts may have a jurisdiction of this kind, the ambit of the chapter is further confined to apex courts, where final decisions are made. In the world of the twenty- first century, most states have adopted codified constitutions with superior legal status, which are likely to empower one or more courts, expressly or by implication, to evaluate the validity or applicability of legislation by reference to the constitution. Even where a constitution is uncodified, however, as in the United Kingdom and New Zealand, an apex court is li..

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University of Melbourne Researchers