Constitutional review, or constitutionality review or constitutional control, is the evaluation, in some countries, of the constitutionality of the laws. It is supposed to be a system of preventing violation of the rights granted by the constitution, assuring its efficacy, their stability and preservation.[1]
There are very specific cases in which the constitutional review differs from common law to civil law as well as judicial review in general.[2]
Written and rigid constitutions exist in most countries, represent the supreme norm of the juridical order, and are on the top of the pyramid of norms. Also called fundamental law, supreme law, law of the laws, basic law, they have more difficult and formal procedures to updating them than other laws, which are sub-constitutional. The term "constitutional review" is usually characterized as a Civil Law concept, but some of the ideas behind it come from Common Law countries with written constitutions. For instance, the United States was the first country to adopt judicial review based directly on its constitution (see Marbury v. Madison), even though to this day the functions of the Constitutional Court and of the Court of the Last Resort are separated at neither Federal nor State level in the United States.
The judicial control of constitutionality applies to normative acts as well.[clarification needed][3]
^Mavcic, Arne (2001). The Constitutional Review(PDF).
^Ferejohn, John E. (2002). "Constitutional Review in Global Context" (PDF). Journal of Legislation and Public Policy. 6 (1). NYU Law. Retrieved 19 December 2022.
^"Study on Individual Access to Constitutional Justice" (PDF). Council of Europe - Venice Commission. Retrieved 6 July 2012.
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