constitutional court

law

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Last updated

July 15, 2026

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Constitutional courts are judicial bodies that interpret and uphold a country's constitution. In countries with written constitutions and a doctrine of judicial supremacy, these courts can review legislation and declare laws unconstitutional if they conflict with constitutional principles. This power, known as judicial review, ensures that government actions are limited by constitutional law.1

The structure and powers of constitutional courts vary globally. Some countries have specialized constitutional courts (like Germany or Spain), while others, such as the United States, have a diffused system where all courts can exercise judicial review. This review can be "concrete" (decided within a specific case) or "abstract" (reviewing a law's constitutionality independently of a case). The U.S. Supreme Court, for example, primarily engages in concrete review.2

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court
Constitutional courts
The democratic transition that occurred in many parts of the world in the late 20th century resulted in the proliferation of courts charged with constitutional adjudication, though the formal powers of these high courts vary considerably from one country to another. Some are…
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The democratic transition that occurred in many parts of the world in the late 20th century resulted in the proliferation of courts charged with constitutional adjudication, though the formal powers of these high courts vary considerably from one country to another. Some are…
Read More

constitutional law
Judicial review outside the United States
…European countries have established special constitutional courts to which all questions concerning the constitutional validity of legislation or executive action must be referred—and which alone have the power to declare statutes or actions unconstitutional.
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…European countries have established special constitutional courts to which all questions concerning the constitutional validity of legislation or executive action must be referred—and which alone have the power to declare statutes or actions unconstitutional.
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