Constitutional Courts / Supreme Courts as Positive Legislators
- Judicial review of executive action — Judicial review of legislation — Preliminary procedures of constitutional courts/supreme courts — Powers and jurisdiction of constitutional courts/supreme courts — Types of constitutional courts/supreme courts — Comparative constitutional law
Published under the direction of the Max Planck Foundation for International Peace and the Rule of Law.
General Editors: Rainer Grote, Frauke Lachenmann, Rüdiger Wolfrum.
1 According to Hans Kelsen—who is credited with inventing the modern European constitutional court—adjudication (including constitutional adjudication) is one of the steps of a process through which, together with administration and enforcement, law regulates its own creation (Kelsen, 2010, 23). As Kelsen was aware that constitutional adjudication would inevitably participate in the legislative function, he devised a model of review, which would be concentrated in a specialized court, rather than diffused across judicial authorities. In fact, as he noted, ‘To...