Preliminary Study On Judicial Review Of Central And East European

Before the drastic changes in Eastern Europe,Central and Eastern European countries represented by the Soviet Union implemented the socialist system.After the drastic changes in Eastern Europe,the form of political power in the former socialist countries has undergone fundamental changes.Political,economic,social,legal and other fields have undergone transformation.In the area of legal transition,countries in Eastern Europe began with the formulation of a new constitution,and established a constitutional court as an important means to achieve the goal of constitutionalism.This article elaborates on the four parts of the judicial review system of Central and Eastern European countries:The first part mainly talks about the transition of the judicial review system of Central and Eastern European.The time is divided into three periods:before World War ?,after World War ?,and after the drastic changes in Eastern Europe.The development of judicial review in Central and Eastern Europe was introduced respectively:Before the Second World War,Czechoslovakia established a constitutional court.Although the jurisprudence made during the period of its existence was extremely rare,the germ of judicial review still had a profound impact on the future;after entering the socialist period,various countries in the region established the supervision of the highest authority;and after the transition,various countries have formulated new constitutions and established constitutional courts on the basis of the pursuit of constitutional government.At the same time,relevant factors affecting the choice of the pattern of unconstitutional review in the region are discussed,including the legal tradition,political structure,and democratic politics.The second part introduces the current unconstitutional review system in Central and Eastern Europe.Including the nature and status of the Constitutional Court,and the selection and tenure of the judges.The independence of the judges,especially the political neutrality,is guaranteed by the specific selection and limited term of the judges.The scope and mode of judicial review are discussed.In this period,the scope of the review right has been expanded.From the norm review,constitutional appeals,the authority disputes of administrative agencies,to the unconstitutionality of political parties,and the impeachment process of the president,etc.This chapter also explains the unconstitutional review process by focusing on the main body of the application for judicial review and the effectiveness of the review.The third part discusses the current status of the judicial review system in Central and Eastern European countries,including the relationship with other government departments and the relationship with the EU.The political significance of the activities of Constitutional Courts determines that they have to face the dual challenges of law and politics,and it also determines that it is in disagreement with other government departments,and may be subject to political attacks from other sectors.The political environment also causes difficulties for the Constitutional Court.Since the Central and Eastern European countries joined the European Union,their Constitutional Court has become the European Court of Justice.On the basis of adhering to the supremacy of the domestic constitution,they have also to fulfill the obligations of member states.Such as the "Candy Case",although the Constitutional Courts of Hungary and Czech have largely accepted the principles of the European Union,they still retain their power to express their opinions in the event of conflict between EU law and domestic laws.And its attitude towards international law is to choose a model that is directly accepted.Using international treaties as part of domestic laws is significance for the protection of human rights.This also highlights the role of the Constitutional Court in safeguarding procedural justice,upholding the principles of the rule of law,and preventing the regression of democracyThe fourth part discusses the relationship between judicial review and democracy.The criticism of the anti-democratic of Constitutional Court has been long overdue.This section has analyzed the arguments of both parties.On the one hand,the judicial review is considered to be the cause of anti-democracy.On the other hand,the unconstitutional review is a guarantee of democratic principles that can speed up the democratic process.Through the above analysis,some measures that can be taken by Central and Eastern European countries to reduce the anti-democratic critique are discussed,including the abolition of the examination beforehand,the clarification of the specific examination authority,and the granting of jurisdiction over individual appeals.