© G. Harutunyan, A. Mavcic, 1999
G. Harutyunyan, A. Mavcic 

CONSTITUTIONAL REVIEW AND ITS DEVELOPMENT IN
THE MODERN WORLD 
(A COMPARATIVE CONSTITUTIONAL ANALYSIS)

CONTENTS

Introduction

Chapter I. The Legal Nature, Stages of Development and Functional Characteristics of the Major Models of Constitutional Review

An Introduction to the Nature of the Origin and Function of Systems of Constitutional Review

Historical Stages in the Development of Systems of Constitutional Review and Particularities of Their Basic Models

A. History

B. Models of Constitutional/Judicial Review Particularities of Constitutional Review in Some Countries

Constitutional Review in the New Democracies

The Arab Countries

Africa

a) Francophone Africa
b) Anglophone Africa
c) Lusophone Africa
d) Hispanophone Africa
e) Some Countries with the Longest State Tradition
1. General picture
2. Particular Systems of Constitutional Review
Asia
1. General picture
2. Particular Systems of Constitutional Review
Central and South America
1. General picture
2. Particular Systems of Constitutional Review
The Former British Colonies of Latin America (The West lndies)

Systems of Constitutional Review in Countries with a Federal State Structure

International Associations of Bodies Exercising Constitutional/Judicial Review

Chapter II. Constitutional Review and Social Experience

a) The Character of Public Relations and Constitutional Review
b) Features of Constitutional Review in a Transitional Period
Chapter III. Relationships between Constitutional Courts and Other Institutes of State Authority. Guarantees for Independence of the Institutional Justice

The Relation of Constitutional Courts to

The Constitutional Court and the Judicial Branch

Guarantees of the Independence of Constitutional Justice

A. The Financing (the Budget) of the Constitutional Court as the Basis for Its Independence
B. The Payment of Fees in Constitutional Proceedings as a Source of Constitutional Court Funding
C. The Powers of Constitutional Courts as Proof of Their Independence
D. lmmunities, lncompatibilities, Material Independence, and Protocol Rank
E. The Appointment/Election of Judges to the Constitutional Court
F. Public Control/the Public Nature of the Activities of the Constitutional Court
The Independence and the Autonomy of the Organisation of the Constitutional Court

Chapter IV. A Comparative Analysis of the Mechanisms of Recruitment of the Institutes of Judicial/ Constitutional Review and of Their Principal Powers

Bodies Exercising Constitutional Review and the Particularities of Their Organisation

The Powers of Constitutional Courts and Other Bodies of Constitutional Review

Powers
Particular Components of Constitutional Court Powers


Chapter V. Priorities of Selecting the Forms and Problems of Formation of the Objects and Subjects of Constitutional Review. The Objects and Subjects of Constitutional Review

Various Forms of Constitutional Review and Their Implementation in Practice

Constitutional Review in the Field of Human Rights Protection

A. The Individual as an Applicant before the Constitutional Court
B. Bodies Empowered for Human Rights Protection and the Forms of Such Proceedings
C. The Constitutional Complaint and Its Extent in the World
D. The Fundamentals of the Constitutional Complaint
E. Various International Forms of the Individual Complaint
F. The Core of the Judicial Protection of Human Rights
Chapter VI. Features of the Judiciary/Constitutional Process and the Character of Decisions by the Constitutional Court

The Particularities of Current Constitutional Proceedings

The Dissenting/Concurring Opinion

Temporary Orders

  1. Abstract Review
  2. Constitutional Complaint
  3. Other (Specific) Proceedings
The Character of the Decisions of Constitutional Courts and Their Publication

Contents and Effects of Decisions

1. Contents
1.1. Abstract Review
1.2. Constitutional Complaint
1.3. Other (Specific) Proceedings
2. The Appointment of a Body Empowered to Implement Court Decisions
3. Effects
The Rehearing of Proceedings before the Constitutional Court

The Publication of Constitutional Court Decisions

1. Publication
2. The Effect of Publication
Chapter VII. Basic Approaches to Improving the System of Constitutional Review in the Countries of Emerging Democracy

Conclusion

Appendix

REFERENCES

About the Authors
G. Harutyunyan
A. Mavcic

© Electronic version G. Vahanyan, V. Bleyan,
   Yerevan, Armenia, 1999