Constitutional Law and Judicial System Organization
Hierarchy and guarantees
Constitutional law questions test the hierarchy of norms, fundamental rights and their limits, and the organisation of the judiciary. Understand that the constitution binds all state organs and that statutes must conform to it.
Concepts you must know
- Supremacy of the constitution; direct effect of rights.
- Separation of powers; independence and impartiality of judges; irremovability.
- Structure of courts: first instance, appellate, cassation; specialised courts; administrative jurisdiction.
- Constitutional review: abstract and concrete control, standing, effects of decisions.
- Rule of law, proportionality, equality, access to court.
Traps
- Treating rights as absolute; most are subject to statutory limits meeting proportionality.
- Confusing the powers of the constitutional court with those of ordinary courts.
- Mixing judicial self-governance bodies with the ministry of justice.
- Forgetting that judicial independence protects decision-making, not immunity for discipline.
Worked example
A statute restricts a right without clear criteria. Rule of thumb: test legality, legitimate aim, necessity, and proportionality. If criteria are vague, the restriction may fail. Only the constitutional court can annul the statute; ordinary courts may refer the question.
Rule of thumb
For any rights question, run the proportionality test and identify which organ can grant the remedy.