Foreign Constitution: Cases and Comments

Author: Hu Jianmiao, Editor-in-Chief
Publisher:
Publish Date: 2004-06-01
Features: Constitutional litigation has a long history in the world. As early as the Marbury v. Madison case in 1803, the United States formally established the constitutional litigation system to safeguard the people's supreme will and original rights. The United Kingdom, inheriting the tradition of the bourgeois revolution, has the parliament exercising the judicial power of constitutional litigation. Although France and Germany formally established the constitutional litigation system relatively late, they had already begun exploring this area in the mid-to-late 19th century. By the early 20th century, such attempts and explorations became more distinct. While France and Germany were still in the process of exploration, Austria unexpectedly took the lead. In 1920, Austria became the first country in mainland Europe to establish a constitutional court, thus pioneering the "Kelsen" model of constitutional litigation. This book collects 402 cases of constitutional litigation from 20 countries or international organizations, including the United States, the United Kingdom, France, Germany, Japan, Austria, the Netherlands, Belgium, Ireland, Spain, and Switzerland, and provides a detailed analysis of each case.