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The Global Gender Equality Constitutional Database is a repository of gender equality related provisions in 194 constitutions from around the world. The Database was updated in partnership with the International Bar Association's Human Rights Institute (IBAHRI) and with support from the Swedish International Development Agency (SIDA) and the Government of Japan. Experience its wealth and depth of information by starting your search now.
Jurisdiction and Access
- English(1) A person who alleges that any provisions of this Constitution, other than a provision of Chapter III3, has been contravened and that the person’s interest is being or is likely to be affected by the contravention may, subject to this article, apply to the Constitutional Court for redress.
(2) The Constitutional Court may decline to entertain an application under clause (1) where the Court is satisfied that the applicant has obtained redress for the contravention under any law and where the applicant has obtained redress in the Constitutional Court for any matter for which an application may be made under clause (1), a court shall not entertain any application for redress for such matter except on appeal from a decision of such court.
(3) Where the Constitutional Court on an application under clause (1) is satisfied that adequate means of redress for the contravention alleged are or have been available to the person concerned in any other court under any other law, the Court may hear the application or transfer the application to the appropriate court for grant of redress in accordance with law.
(4) Upon hearing an application under clause (1), the Constitutional Court may-
(a) declare any act or omission which is the subject of the application to be a contravention of this Constitution;
(b) declare any law or the provision of any law which contravenes this Constitution to be void;
(c) grant any remedy available to the Supreme Court against any person or authority which is the subject of the application or which is a party to any proceedings before the Constitutional Court, as the Court considers appropriate.
…
(6) Where in the course of any proceedings in any court, other than the Court of Appeal or the supreme court sittings as the Constitutional Court, or tribunal, a question arises with regard to whether there has been or is likely to be a contravention of this Constitution, other than Chapter III, the court or tribunal shall, if it is satisfied that the question is not frivolous or vexatious or has not already been the subject of a decision of the Constitutional Court or the Court of Appeal, immediately adjourn the proceedings and refer the question for determination by the Constitutional Court.
(7) Where in an application under clause (1) or where a matter is referred to the Constitutional Court under clause (6), the person alleging the contravention or risk of contravention establishes a prima facie case, the burden of proving that there has not been a contravention or risk of contravention shall, where the allegation is against the State, be on the State.
… (Art. 130)
Jurisdiction and Access
- English(1) There shall be a Supreme Court for Bangladesh (to be known as the Supreme Court of Bangladesh) comprising the Appellate Division and the High Court Division.
… (Art. 94) - Bengali(১) "বাংলাদেশ সুপ্রীম কোর্ট" নামে বাংলাদেশের একটি সর্বোচ্চ আদালত থাকিবে এবং আপীল বিভাগ ও হাইকোর্ট বিভাগ লইয়া তাহা গঠিত হইবে।
… (অনুচ্ছেদ ৯৪)
Jurisdiction and Access
- English
The law shall designate the judicial body with the competence to adjudicate disputes relating to the conformity of laws, procedures that have the power of law, royal decrees, and regulations with the Basic Statute of the State and their non-contravention of its provisions, and shall prescribe its authority as well as the procedures it follows. (Art. 85)
- Arabic
يعين القانون الجهة القضائية التي تختص بالفصل في المنازعات المتعلقة بمدى تطابق القوانين، والإجراءات التي لها قوة القانون، والمراسيم السلطانية، واللوائح مع النظام الأساسي للدولة وعدم مخالفتها أحكامه، ويبين صلاحياتها والإجراءات التي تتبعها. (المادّة ٨٥)
Jurisdiction and Access
- English(1) A court or tribunal determining a question which has arisen in connection with a Convention right must take into account any—
(a) judgment, decision, declaration or advisory opinion of the European Court of Human Rights,
(b)opinion of the Commission given in a report adopted under Article 31 of the Convention,
(c)decision of the Commission in connection with Article 26 or 27(2) of the Convention, or
(d)decision of the Committee of Ministers taken under Article 46 of the Convention,whenever made or given, so far as, in the opinion of the court or tribunal, it is relevant to the proceedings in which that question has arisen.
(2) Evidence of any judgment, decision, declaration or opinion of which account may have to be taken under this section is to be given in proceedings before any court or tribunal in such manner as may be provided by rules.
... (Human Rights Act 1998, Sec. 2)
Jurisdiction and Access
- English(1) Anyone harmed by the actions of the Sovereignty Council or Cabinet may challenge the same before:
(a) The Constitutional Court, if the challenge is directed at any infringement of the constitutional order or constitutional freedoms, protections or rights.
... (Art. 20) - Arabic1. يجوز لكل متضرر من أعمال مجلس السيادة او مجلس الوزراء أن يطعن فيها امام:
ا. المحكمة الدستوريه إذا كان الطعن متعلقا بأي تجاوز للنظام الدستوري او الحريات او الحرمات او الحقوق الدستورية
(الماده 21)
Jurisdiction and Access
- English1. A party to any judicial proceedings, including proceedings on appeal, may, at any stage thereof, raise the question of the unconstitutionality of any law or decision or any provision thereof material for the determination of any matter at issue in such proceedings and thereupon the Court before which such question is raised shall reserve the question for the decision of the Supreme Constitutional Court and stay further proceedings until such question is determined by the Supreme Constitutional Court.
… (Art. 144) - Greek1. Πας διάδικος δικαιούται, καθ’ οιονδήποτε στάδιον της διαδικασίας συμπεριλαμβανομένης και της κατ’ έφεσιν, να εγείρη ζήτημα αντισυνταγματικότητος νόμου ή αποφάσεως η διατάξεώς τινος αυτών ουσιώδους δια την διάγνωσιν της εκκρεμούς ενώπιον του δικαστηρίου υποθέσεως. Tο δικαστήριο, ενώπιον του οποίου εγείρεται το ζήτημα, παραπέμπει παρευθύς τούτο ενώπιον του Aνωτάτου Συνταγματικού Δικαστηρίου και αναστέλλει την πρόοδον της διαδικασίας, μέχρις ου αποφανθή επ αυτού το Aνώτατον Συνταγματικόν Δικαστήριο.
… (Αρθρον 144) - Turkish1. Herhangi bir adli muameledeki bir taraf, temyiz muameleleri dâhil olmak üzere, bu muamelenin herhangi bir safhasında bu muameledeki uyuşmazlık konularından herhangi birinin karara bağlanmasında etkisi olan herhangi bir kanunun veya kararın ya da onun herhangi bir hükmünün Anayasaya aykırılığı meselesini ileri sürebilir ve bunun üzerine, önüne böyle bir mesele ileri sürülen mahkeme, bu meseleyi, karar vermesi için Yüksek Anayasa Mahkemesine sunar ve bu mesele hakkında Yüksek Anayasa Mahkemesince bir karar verilinceye kadar bu muameleyi durdurur.
... (Madde 144)
Jurisdiction and Access
- English… Where a question arises as to whether any treaty constitutes a case under paragraph two or paragraph three, the Council of Ministers may request the Constitutional Court to render a decision thereon. … (Sec. 178)
- Thai… เมื่อมีปัญหาว่าหนังสือสัญญาใดเป็นกรณีตามวรรคสองหรือวรรคสามหรือไม่ คณะรัฐมนตรีจะขอให้ศาลรัฐธรรมนูญทำการวินิจฉัยก็ได้ … (มาตรา ๑๗๘)
Jurisdiction and Access
- English
(1) The Supreme Court shall, to the exclusion of any other court, have original jurisdiction to determine any question arising under or involving the interpretation or effect of any provision of this Constitution.
(2) Without prejudice to any appellate jurisdiction of the Supreme Court, where in any proceedings before another court a question arises involving the interpretation or effect of any provision of this Constitution, the cause shall be removed into the Supreme Court, which shall determine that question and either dispose of the case or remit it to that other court to be disposed of in accordance with the determination. (Art. 54)
Jurisdiction and Access
- English1. Subject to the provisions of sections 25(2), 47(8)(b), 56(4), 65(5), 123(7)(b) and 124 of this Constitution, any person who alleges that any provision of this Constitution (other than a provision of Chapter II3) has been or is being contravened may, if he has a relevant interest, apply to the High Court for a declaration and for relief under this section.
2. The High Court shall have jurisdiction on an application made under this section to determine whether any provision of this Constitution (other than a provision of Chapter II) has been or is being contravened and to make a declaration accordingly.
3. Where the High Court makes a declaration under this section that a provision of this Constitution has been or is being contravened and the person on whose application the declaration is made has also applied for relief, the High Court may grant to that person such remedy as it considers appropriate, being a remedy available generally under any law in proceedings in the High Court.
4. The Chief Justice may make provision, or authorise the making of provision, with respect to the practice and procedure of the High Court in relation to the jurisdiction and powers conferred on the court by or under this section, including provision with respect to the time within which any application under this section may be made.
5. A person shall be regarded as having a relevant interest for the purpose of an application under this section only if the contravention of this Constitution alleged by him is such as to affect his interests.
6. The rights conferred on a person by this section to apply for a declaration and relief in respect of an alleged contravention of this Constitution shall be in addition to any other action in respect of the same matter that may be available to that person under any other law or any rule of law.
7. Nothing in this section shall confer jurisdiction on the High Court to hear or determine any such question as is referred to in section 44 of this Constitution. (Sec. 119)
Jurisdiction and Access
- EnglishThe Standing Committee of the National Assembly has the following tasks and powers:
…
2. To enact ordinances on issues assigned to it by the National Assembly; to interpret the Constitution, laws and ordinances;
… (Art. 74) - VietnameseUỷ ban thường vụ Quốc hội có những nhiệm vụ và quyền hạn sau đây:
…
2. Ra pháp lệnh về những vấn đề được Quốc hội giao; giải thích Hiến pháp, luật, pháp lệnh;
… (Điều 74)