Constitutional action
The constitutional challenge ( English constitutional suit, complaint of unconstitutionality ) is in the US a lawsuit with which the unconstitutionality of legal rules ( laws , regulations ) or acts before courts is challenged.
General
In many other countries, a constitutional lawsuit in the form of a lawsuit is an inadmissible extension of the professional courts . That is why we usually speak of a constitutional complaint , which represents an extraordinary legal remedy and is not (further) an appeal . In the USA, on the other hand, there is only one general jurisdiction, which decides in all instances on civil law , criminal law or administrative law ; There is, however, no special jurisdiction as in European countries.
Independent constitutional jurisdiction depends on whether a state has a unitary or a separation model. In the unit model this is not the case; A court of general jurisdiction (for example in the USA, Norway or Switzerland ) decides on the constitutionality of the legal act to be checked , whereas in the separation model , a special court ( Germany , Austria , Italy ) decides . The standard model only knows a specific control of norms (USA, Switzerland), the separation model also grants the possibility of reviewing legal acts in a separate constitutional court procedure outside of a specific judicial process (so-called abstract norm control ; Germany, Austria). Mixed forms are also possible. In the standard model, the constitutional jurisdiction is not organizationally and institutionally independent, but is exercised by the ordinary jurisdiction .
Court system in the US
The federal and state levels in the United States have their own court systems that are responsible for their own laws . Each state has at least one district court ( English court district ), calling ( english vocation, appellation ) is the Court of Appeal ( English court of appeal ) possible over there in the last instance the Supreme Court of the State and the United States are. It is the highest court of appeal and at the same time the highest constitutional court of a state or the USA. In addition to the Supreme Court, all other federal courts can accept and rule on constitutional suits.
Unconstitutionality
A constitutional suit is only possible against court judgments ; legal protection must then be sought before the general courts. If a lower court to the conclusion that a law or a rule of law unconstitutional ( English unconstitutional was), an application for examination can ( English petition for writ of certiorari be filed with the Supreme Court). The writ of certiorari since designated Judiciary Act of 1925 a process step as a combination of the approval of an inserted appeal and the manifestation of devolutive outwardly (confirmation of the appellation approval). In this case, the appellate court issues a writ of certiorari in order to eliminate the unconstitutional legal norm or to reprimand and forbid the unconstitutional behavior. In the USA, unconstitutional laws are not formally repealed by the court (as in Germany according to Section 31 (2 ) BVerfGG ), but simply ignored as "void" (no actual nullity in the legal sense).
In the case of Marbury v. Madison of February 1803, the Supreme Court of the United States established the right to review federal laws for their constitutionality and to declare them null and void ( English judicial review ). Not least because of this decision, the court under Chief Justice John Marshall gained political and historical importance. The case was also notable internationally because it was the first to bring up the concept of constitutional jurisdiction, albeit not in that name.
See also
Individual evidence
- ↑ BVerfGE 33, 247 , 259
- ↑ Birgit Enzmann, The democratic constitutional state between legitimation conflict and openness to interpretation , Wiesbaden 2009, p. 34 ff.
- ↑ Gor Hovhannisyan, Comparison between the German constitutional complaint and the Armenian individual application , 2015, p. 10
- ↑ Jette Knapp, Basic Knowledge for Interpreters and Translators - Germany and USA , 2018, p. 166
- ↑ Birgit Oldopp, The Political System of the USA: An Introduction , 2013, p. 86
- ↑ Jette Knapp, Basic Knowledge for Interpreters and Translators - Germany and USA , 2018, p. 166
- ↑ Supreme Court of the United States : 28 USC §§ 1254 ff.
