Judgment Reviews Law at Liechtenstein
In Liechtenstein, judicial review is a cornerstone of the legal system, ensuring that laws and governmental actions align with the Constitution. The Constitutional Court (Staatsgerichtshof) plays a pivotal role in this process.
🏛️ Constitutional Court of Liechtenstein
Established in 1921, the Constitutional Court is an autonomous and independent body responsible for overseeing the constitutionality of laws and government actions It is based in Vaduz and comprises five judges and five substitute judges, all serving part-time Judges are appointed for five-year terms by a joint body presided over by the Prince, with Parliament electing the members The Court's functions are outlined in Chapter VIII of the Constitution and further detailed in the Constitutional Court Act (StGHG)
⚖️ Judicial Review Mechanism
The Constitutional Court has several key functions
Protection of Fundamental Rights:Individuals can file complaints alleging violations of their constitutional rights, rights under the European Convention on Human Rights, or rights under the European Economic Area Agreement
Constitutional and Legal Review:The Court reviews the constitutionality of laws and decrees It can annul laws or regulations that are found to be unconstitutional
Interpretation of the Constitution:Under Article 112 of the Constitution, the Court is called upon to resolve disputes regarding the interpretation of specific constitutional provisions when disagreements arise between the Government and Parliament
Resolution of Jurisdictional Conflicts:The Court adjudicates conflicts of jurisdiction between administrative and judicial authorities
Impeachment of Ministers:It decides on impeachment proceedings against ministers
Electoral Disputes:The Court resolves disputes related to elections
📝 Procedural Aspects
To bring a case before the Constitutional Court, individuals must first exhaust all available legal remedies in ordinary court. Once all legal avenues have been pursued, individuals can file a constitutional complain. While legal representation is not mandatory, it is advisabl. The Court typically requires a detailed explanation of how the alleged violation of rights occurred
🔄 Judicial Review of International Treatie
The Court has the authority to review the constitutionality of international treatis If it finds that a treaty or specific provisions thereof are incompatible with the Constitution, it can revoke the domestic binding nature of the treay This power is particularly significant given Liechtenstein's integration into the European Economic Area (EEA) and raises complex questions about the relationship between domestic constitutional law and international obligations
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