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The First Attempts Of Establishing A Judicial Review Of Constitutionality – The Case Of Great Britain

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  • Daniela Cristina VALEA

    (Asistant profesor PhD., „Petru Maior” University of Tîrgu-Mures, ROMANIA.)

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    Abstract

    Early manifestations of judicial review of constitutionality should be sought in the British constitutional system, although it is true that it needed the intervention of the Supreme Court of the Union States of America (1803) to build a system of judicial review in what concerns the constitutionality of laws (judicial review – named in the Anglo-Saxon system). Thus, when the forms of political control were not enough anymore, the jurisdictional review turned up. It is exercised by courts (either by all of them or only by the Supreme Court) and the arguments in favor of the organization of such a review are varied and more than convincing.

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    File URL: http://www.upm.ro/facultati_departamente/ea/RePEc/curentul_juridic/rcj12/recjurid123_4F.pdf
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    Bibliographic Info

    Article provided by Petru Maior University, Faculty of Economics Law and Administrative Sciences and Pro Iure Foundation in its journal Curentul Juridic, The Juridical Current.

    Volume (Year): 50 (2012)
    Issue (Month): (December)
    Pages: 52-56

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    Handle: RePEc:pmu:cjurid:v:50:y:2012:p:52-56

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    Web page: http://www.upm.ro/facultati_departamente/ea/
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    Related research

    Keywords: constitutional review; political control; jurisdictional review; judicial review;

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    1. Lucian Chiriac, 2011. "The Contest Among The Decisions Of The Romanian Constitutional Court And The Decisions Of The Romanian High Court Of Cassation And Justice In The Recourse In The Interest Of Law," Curentul Juridic, The Juridical Current, Le Courant Juridique, Petru Maior University, Faculty of Economics Law and Administrative Sciences and Pro Iure Foundation, vol. 45, pages 13-18, June.
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