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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
- EnglishThe Constitutional Council shall have the competence to guarantee the respect of the Constitution, to interpret the Constitution and the Laws adopted by the National Assembly and definitively reviewed by the Senate.
The Constitutional Council has the right to examine and to decide on litigations related to the elections of the Members of the National Assembly and to the elections of the Senators. (Art. 136) - Khmerក្រុមប្រឹក្សាធម្មនុញ្ញមានសមត្ថកិច្ចធានាការពារការគោរព រដ្ឋធម្មនុញ្ញ បកស្រាយរដ្ឋធម្មនុញ្ញ និងច្បាប់ដែលរដ្ឋសភា បានអនុម័ត និង ព្រឹទ្ធសភាបានពិនិត្យចប់សព្វគ្រប់ហើយ។
ក្រុមប្រឹក្សាធម្មនុញ្ញមានសិទ្ធិពិនិត្យ និងសម្រេចអំពីករណីវិវាទកម្មទាក់ទងនឹងការបោះឆ្នោតជ្រើសតាំងតំណាងរាស្ត្រ និងការបោះឆ្នោតជ្រើសតាំងសមាជិកព្រឹទ្ធសភា។ (មាត្រា ១៣៦)
Jurisdiction and Access
- English…
1 1° The President may, after consultation with the Council of State, refer any Bill to which this Article applies to the Supreme Court for a decision on the question as to whether such Bill or any specified provision or provisions of such Bill is or are repugnant to this Constitution or to any provision thereof.
… (Art. 26) - Irish Gaelic…
1 1° Is cead don Uachtarán, tar éis comhairle a ghlacadh leis an gComhairle Stáit, aon Bhille lena mbaineann an tAirteagal seo a chur faoi bhreith na Cúirte Uachtaraí féachaint an bhfuil an Bille sin nó aon fhoráil nó aon fhorálacha áirithe de in aghaidh an Bhunreachta seo nó in aghaidh aon fhorála de.
… (Airteagal 26)
Jurisdiction and Access
- EnglishThe Constitutional Court, at the demand of the President of the Republic, of the President of the National Assembly, of the President of the Senate, of the Prime Minister or of one-quarter (1/4) of the members of each Chamber of the Parliament, decides concerning the constitutionality of the laws before their promulgation. (Art. 96)
- FrenchLa Cour Constitutionnelle, à la demande du Président de la République, du Président de l'Assemblée Nationale, du Président du Sénat, du Premier Ministre ou d'un quart (1/4) des membres de chaque chambre du Parlement, se prononcent sur la constitutionalité des lois avant leur promulgation. (Art. 96)
Jurisdiction and Access
- English(1) The sole function of the Special Constitutional Court of the United Republic is to hear and give a conciliatory decision over a matter referred to it concerning the interpretation of this Constitution where such interpretation or its application is in dispute between the Government of the United Republic and the Revolutionary Government of Zanzibar.
… (Art. 126)
Jurisdiction and Access
- English…
Constitutionality and legality shall be protected by the Constitutional Court.
… (Art. 11) - Montenegrin…
Ustavnost i zakonitost štiti Ustavni sud.
… (Član 11)
Jurisdiction and Access
- English
Any pleader [plaideur] can, by way of exception [pleadings], raise the unconstitutionality of a law before any jurisdiction.
… (Art. 135) - French
Tout plaideur peut, par voie d’exception, soulever l’inconstitutionnalité d'une loi devant toute juridiction.
… (Art. 135)
Jurisdiction and Access
- English
(1) Subject to the provisions of sections 33(2), 34(4), 54(18), 69(6), 80(4) and 123(3) of this Constitution, where any question as to the interpretation of this Constitution or the interpretation or application of the Treaty (as defined in section 131 of this Constitution) arises in any court of law established for Belize (other than the High Court or the Court of Appeal), and the court is of the opinion that the question involves a substantial question of law, the court shall refer the question to the High Court.
(2) Where any question is referred to the High Court in pursuance of this section, the High Court shall, subject to subsection (3) below, give its decision upon the question and the court in which the question arose shall dispose of the case in accordance with that decision or, if the decision is the subject of an appeal to the Court of Appeal or the Caribbean Court of Justice, in accordance with the decision of the Court of Appeal or, as the case may be, the Caribbean Court of Justice.
… (Sec. 96)
Jurisdiction and Access
- EnglishThe Constitutional Court is the court with the specific competence to administer justice in matters of a constitutional-law nature. (Art. 221)
- PortugueseO Tribunal Constitucional é o tribunal ao qual compete especificamente administrar a justiça em matérias de natureza jurídico-constitucional. (Art. 221)
Jurisdiction and Access
- EnglishThe processes promoted before the Constitutional Court in the matters to which this Article refers will be regulated by the law in conformity with the following provisions:
1. Any citizen can exercise the public recourses [acciones] provided for in the preceding Article and intervene as impugnor or defender of the norms submitted to control in the processes promoted by others, as well as in those cases where no public action exists.
2. The Procurator General of the Nation must intervene in all these processes.
… (Art. 242) - SpanishLos procesos que se adelanten ante la Corte Constitucional en las materias a que se refiere este título, serán regulados por la ley conforme a las siguientes disposiciones:
1. Cualquier ciudadano podrá ejercer las acciones públicas previstas en el artículo precedente, e intervenir como impugnador o defensor de las normas sometidas a control en los procesos promovidos por otros, así como en aquellos para los cuales no existe acción pública.
2. El Procurador General de la Nación deberá intervenir en todos los procesos.
... (Art. 242)