Jump to Content Jump to Main Navigation
Max Planck Encyclopedia of Comparative Constitutional Law [MPECCoL]

Constitutional Courts / Supreme Courts as Positive Legislators

Massimo Fichera

From: Oxford Constitutions (http://oxcon.ouplaw.com). (c) Oxford University Press, 2015. All Rights Reserved.date: 29 October 2020

Subject(s):
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...
Users without a subscription are not able to see the full content. Please, subscribe or login to access all content.