Comparative Judicial Review

The United States Constitution explicitly grants the power of judicial review to the Supreme Court in Article III, Section 2, which states that the Court has the power to declare laws unconstitutional.

The doctrine of judicial review originated in the United States in the case of Marbury v. Madison (1803), in which the Supreme Court declared a law unconstitutional for the first time.

The United Kingdom's constitution does not contain a provision for judicial review, and the power of the courts to declare laws unconstitutional is not explicitly recognized.

The Supreme Court of Canada has the power to strike down laws that are inconsistent with the constitution under section 52 of the Constitution Act, 1982.

In the United Kingdom, the highest court, the Supreme Court, has the power to declare laws unconstitutional, but only after they have been enacted. This is known as retrospective judicial review.

The German constitution contains a provision for a constitutional court, the Bundesverfassungsgericht, which has the power to review the constitutionality of laws.

The French constitution contains a provision for a constitutional council, the Conseil constitutionnel, which has the power to review the constitutionality of laws.

The Polish constitution contains a provision for a constitutional tribunal, the Trybunał Konstytucyjny, which has the power to review the constitutionality of laws.

The Italian constitution contains a provision for a constitutional court, the Corte costituzionale, which has the power to review the constitutionality of laws, but only at the request of the president, the prime minister, or a group of members of parliament.

The Spanish constitution contains a provision for a constitutional court, the Tribunal Constitucional, which has the power to review the constitutionality of laws, but only after they have been enacted.

The Portuguese constitution contains a provision for a constitutional court, the Tribunal Constitucional, which has the power to review the constitutionality of laws, but only in relation to certain fundamental rights.

The Greek constitution contains a provision for a constitutional court, the Symvoulio tis Epikrateias, which has the power to review the constitutionality of laws, but only in relation to certain types of laws.

The Hungarian constitution contains a provision for a constitutional court, the Alkotmánybíróság, which has the power to review the constitutionality of laws, but only in relation to certain types of laws and only at the request of certain individuals or groups.

The Czech Republic's constitution contains a provision for a constitutional court, the Ústavní soud, which has the power to review the constitutionality of laws, but only in relation to certain types of laws and only at the request of certain individuals or groups, and only after the laws have been enacted.

The Slovak constitution contains a provision for a constitutional court, the Ústavný súd, which has the power to review the constitutionality of laws, but only in relation to certain types of laws and only at the request of certain individuals or groups, and only after the laws have been enacted, and only if the laws are challenged within a certain period of time.