State | The Court's Title, Judges | Powers – Constitutional Review too | Individual Complaint |
Argentina, 23 provinces | Corte Suprema de la Justicia de la Nation, 7 members: ministros | Generally, the system of incidenter review (indirect constitutional review) was adopted. However, some provinces have a double system of constitutional review (direct and indirect);protection of fundamental rights | amparo |
Australia, 6 states | The High Court of Australia, 7 members: justices | Judicial review is conducted by the "ordinary courts of the land" and there are no special administrative or constitutional courts. | |
Brazil, 26 states | Supremo Tribunal Federal, 11 members: ministros | The constitution lists all the competences of the Supreme Court. The list includes several specific functions of the Court, such as: to judge and declare the constitutionality or unconstitutionality of laws; to trial the President of the Republic and Ministers; to judge appeals from sentences by other Courts; several others. protection of fundamental rights | many forms of individual legal remedies |
Canada, 10 provinces | Supreme Court – Cour supreme, 8 members: justices | incidenter constitutional review; opinions | ordinary instance proceedings (mostly through special permission, exceptionally by law) |
India, 28 states | Supreme court of India, 21 members: judges | The powers of the Indian Supreme Court are limited. It is exclusively empowered to exercise the constitutional review of central statutes. There is also a quorum required for the unconstitutionality of law to be declared, i.e. no less than 7 judges or no less than two thirds of Court members. The forms of human rights protection proceedings in the jurisdiction of the Supreme Court are listed in Article 32 of the Indian Constitution (adopted following the American model): habeas corpus, mandamus, prohibition, certiorari, quo-warranto. As adopted from English law, in India the last remedy is a decision of the Supreme Court. protection of fundamental rights | habeas corpus etc. |
Iraq, 18 governorates, incl, 1 autonomous region | Federal Supreme Court; the number of judges will be determined by law | constitutional review of law and bylaws; interpretation of constitution; matters arising from the application of all levels of regulations; jurisdictional disputes of different levels; impeachment – president of the state, prime minister, ministers; final results of the general parliamentary elections | individual appeal |
Malaysia, 13 states | Federal Court of Malaysia; 8 members: judges | Constitutional (abstract and concrete) review of laws and other regulations; jurisdictional disputes between federation and stats and between the states; appelate power; | |
Mexico, 31 states | Suprema Corte de Justicia de la Nacion; 11 members: ministros | The review of conformity with the Constitution in amparo proceedings is in the jurisdiction of the federal judiciary bodies, and takes the form of an amparo complaint. The Supreme Court is also empowered to adjudicate jurisdictional disputes between the Federation and federal member states as well as between federal members states and federal member state bodies. The petitioner of such proceedings may be the affected State body; protection of fundamental rights | amparo |
FS Micronesia, 4 states | Supreme Court of the Federated States of Micronesia; 4 members: justices | The appellate division of the Supreme Court may review cases heard in the national courts, and cases heard in state or local courts if they require interpretation of this Constitution, national law, or a treaty. If a state constitution permits, the appellate division of the Supreme Court may review other cases on appeal from the highest state court in which a decision may be had. When a case in a state or local court involves a substantial question requiring the interpretation of the Constitution, national law, or a treaty, on application of a party or on its own motion the court shall certify the question to the appellate division of the Supreme Court. The appellate division of the Supreme Court may decide the case or remand it for further proceedings. | |
Nigeria, 36 states | Supreme Court of Nigeria; 17 members: justices | The Supreme Court is empowered: • to adjudicate jurisdictional disputes between the Federation and member states or between member states themselves. In such proceedings the decision making process of the Court is exercised in a plenary session. • to review presidential and vice-presidential elections. The decisions of the Supreme Court are final. Otherwise, the Nigerian system of constitutional review has all the characteristics of the American diffuse system of judicial review, in which this function is exercised by all courts. | |
Pakistan, 4 provinces | Supreme Court of Pakistan; 17 members: judges | The Supreme Court is the court of ultimate jurisdiction in the land. It is the final arbiter of the law and the Constitution. The Court is required to "preserve, protect and defend' this document. Its multiple roles include resolving conflicts and disputes, be they among governments (Federal/provincial) or between government and individual or individuals inter se. The Court is also a custodian and upholder of' citizens' rights, liberties and freedoms. | Individual complaint |
Saint Kitts and Nevis, 2 islands/ 14 parishes | Eastern Caribbean Supreme Court, 22 members: 4 justices, 16 judges, 2 masters | The functions of the Court are to interpret and apply the laws of the various Member States of the Organization of Eastern Caribbean States; to decide cases of both civil and criminal matters and to hear appeals. | |
Sudan, 26 states | Supreme Court, 70 members: judges | The constitutionality of any statute passed by the (Federal) National Assembly or a provisional decree issued by the President of the Republic, or a member state law passed by the member state Assembly, or a provisional decree issued by the member state Government, may be challenged before the Supreme Court, on the basis that such a statute or decree is in conflict with the federal constitutional system or contravenes any of the human rights enshrined in the Constitution. | |
USA, 50 states | Supreme Court, 9 active members: justices | incidenter constitutional review | Ordinary instance proceedings (most frequently the writ of certiorari, under the discretion; rarely the revision in accordance with the law) |
Venezuela, 23 states, 1 federal dependency | Tribunal Supremo de Justicia, 32 members: magistrados | impeachment-president of the state, deputies and other high state officials; constitutional review of federal and state laws and bylaws; jurisdictional disputed between state bodies and different type of courts | amparo |
State | The Court's Title, Judges | Powers – Exclusively Constitutional Review | Applicants | Individual complaint |
Belgium, 2 communities, 2 regions, 1 merged community and region | Arbitragehof – Cour d'arbitrage, 12 judges (2 linguistic groups of which 6 Dutch and 6 French speakers, one of them must have an adequate knowledge of German | abstract an concrete constitutional review; law/repressive review; quasi federal nature | Council of ministers, representative bodies of municipalities and regions, legislative bodies of different levels uponthe request of 2/3 of their members | Quasi popular complaint, limited to the federal level (recours en annulation) |
Bosnia and Herzegovina a) state | Ustavni sud – Constitutional Court, 9 members: judges | abstract and concrete constitutional review; jurisdictional disputes between state bodies, disputes between federal associations and unions; protection of fundamental rights | Member of the presidency, president of the council of ministers, president or deputy president of the parliamentary chamber; ¼ of each parliamentary chamber, ¼ of each legislative body of the entity; ordinary court | Revision of fundamental rights |
b) federation | Ustavni sud (Constitutional Court of the Federation BiH), 9 members: judges | preventive, abstract and concrete constitutional review - law/repressive review; jurisdictional disputes (horisontal and vertical disputes between bodies and disputed between associations and unions; impeachment – the president of the state | | No |
| Dom za ljudska prava (Human Rights Chamber), 14 members | protection of fundamental rights on the basis of the concrete constitutional review | | revision of fundamental rights; objection of violation of constitutional rights |
c) Republika Srpska | Ustavni sud Constitutional Court), 9 members: judges | abstract constitutional review - law/repressive review.; bylaws/repressive review; jurisdictional disputes (betwee state bodies, vertial jurisdictional disputes); prohibition of political parties | | popular complaint |
Comoros, 3 islands | Cour constitutionelle des Comores, 4 members: conseiller | The Court decides on the constitutionality of the laws of the Union and the Islands; referendums; electoral disputes. It guarantees finally the basic rights of the individual and public freedoms. The Court has the task of giving a ruling on conflicts of competence between two or more institutions of the Union, between the Union and the Islands and between the Islands themselves. | state bodies, individuals | popular complaint |
Ethiopia, 9 regions | Council of Constitutional Enquiry, 11 members | The Council has judicial powers, however its decisions would be final when they are confirmed by the House of the Federation. It would also, after examining claims submitted to it by a court or party to a dispute relating to the contravention of the Constitution by federal or state laws, submit its findings to the House of the Federation for a final decision. Provisions in the Constitution, however, require the Council to follow certain procedures when issues of Constitutional interpretation arise in other courts. According to the provision, if the Council finds no reason for constitutional interpretation, it shall remand the case to a competent court. In cases when it finds no reason for constitutional interpretation, the Council is entitled to decide the case and submit its decision to the House of the Federation for final determination. However, a party not satisfied with the order issued by the Council may appeal to the House of the Federation. | | |
Germany, federation 16 Laender | Bundesverfassungsgericht, 16 members: judges | abstract and concrete constitutional review – treaties/preventive review; law/preventive review; law/repressive review; jurisdictional disputes (horisontal disputes, isputes between associations and unions on the federal level); impeachment – president of the state, judges; prohibition of political parties; electoral disputes; protection of fundamental rights | state bodies of all levels, ordinary courts, Laender, constitutional courts of Laender | constitutional complaint |
Baden-Wurttemberg | Staatsgerichtshof, 9 members: judges | abstract and concrete constitutional review - law/repressive; jurisdictional disputes; impeachment – minister – deputy; electoral disputes | state bodies | no |
Bavaria | Verfassungsgerichtshof, 38 members, judges | abstract and concrete constitutional review - law/repressive; jurisdictional disputes; impeachment – president of the state – deputy; electoral disputes; protection of fundamental rights | state bodies; individuals | constitutional complaint popular complaint |
Berlin | Verfassungsgerichtshof, 9 members: judges | abstract and concrete constitutional review - law/repressive review; jurisdictional disputes; electoral disputes; protection of fundamental rights | state bodies, individuals | constitutional complaint |
Brandenburg | Landesverfassungsgericht, 9 members: judges | abstract and concrete constitutional review; jurisdictional disputes; impeachment – deputy; electoral disputes; protection of fundamental rights | state bodies; individuals | Constitutional complaint |
Bremen | Staatsgerichtshof, 7 members: judges | abstract and concrete constitutional review; jurisdictional disputes; impeachment – minister; electoral disputes | state bodies | no |
Hamburg | Hamburgisches Verfassungsgericht, 9 members: judges + 7 deputy judges | abstract and concrete constitutional review - law/repressive review; interpretation of law; jurisdictional disputes; impeachment – member of thecourt of audit; electoral disputes | state bodies | no |
Hessen | Staatsgerichtshof des Landes Hessen, 11 members: judges | abstract and concrete constitutional review - law/repressive review; jurisdictional disputes; impeachment – minister; protection of fundamental rights | state bodies; individuals | constitutional complaint |
Mecklenburg -Vorpommern | Landesverfassungsgericht, 7 members: judges + 7 deputy judges | abstract and concrete constitutional review; jurisdictional disputes; electoral disputes; protection of fundamental rights | state bodies; individuals | Constitutional complaint |
Niedersachsen | Niedersaechsischer Staatsgerichtshof, 9 members: judges + 9 deputy members | abstract and concrete constitutional review - law/repressive; jurisdictional disputes; impeachment – minister, deputy; electoral disputes | state bodies | no |
Nordrhein -Westfalen | Verfassungsgerichtshof fuer das Land Nordrhein-Westfalen, 7 members: judges | abstract and concrete constitutional review - law/repressive review; jurisdictional disputes; impeachment – minister; electoral disputes | state bodies | no |
Rheinland-Pfalz | Verfassungsgerichtshof in Rheinland-Pfalz, 9 members: judges + 9 deputy judges | abstract and concrete constitutional review - law/repressive review; jurisdictional disputes; impeachment – minister; electoral disputes | state bodies | no |
Saarland | Verfassungsgerichtshof des Saarlandes, 8 members: judges + 8 deputy judges | abstract and concrete constitutional review; law/repressive review; jurisdictional disputes; impeachment – minister, deputy; electoral disputes; protection of fundamental rights | state bodies; individuals | constitutional complaint |
Sachsen | Verfassungsgerichtshof des Freistaates Sachsen, 9 members: judges + 9 deputy judges | abstract and concrete constitutional review; jurisdictional disputes; impeachment – minister; electoral disputes; protection of fundamental rights | state bodies; individuals | constitutional complaint |
Sachsen-Anhalt | Landesverfassungsgericht, 8 members: judges + 7 deputy judges | abstract and concrete constitutional review; jurisdictional disputes; electoral disputes; protection of fundamental rights | state bodies; individuals | constitutional complaint |
Schleswig-Holstein | Landesverfassungsgericht, 7 members: judges + 7 deputy judges | abstract and concrete constitutional review; jurisdictional disputes | state bodies | no |
Thuringen | Thueringer Verfassungsgerichtshof, 9 members: judges + 9 deputy judges | abstract and concrete constitutional review; jurisdictional disputes; electoral disputes; protection of fundamental rights | state bodies; individuals | constitutional complaint |
Austria, 9 Bundeslaender | Verfassungsgerichtshof, 7 members: judges | abstract and concrete constitutional review – treaties/repressive review – law/preventive review; law/repressive review; bylaws/repressive review; jurisdictional disputes (netween judicial and administrative bodies, disputes between federal bodies); impeachment – president of the state, minister, governor; electoral disputes; protection of fundamental rights | state bodies of different levels; ordinary courts | constitutional complaint (but not against judgments of ordinary courts |
Russian federation 21 republics, 46 oblasts, 9 krais, 1 autonomous oblast, 4 autonomous okrugs, 2 federal cities | Konstitucionnjy Sud, 19 members: judges | abstract and concrete constitutional review - treaties/repressive – treaties/preventive; regulations of administrative units /repressive review;law/preventive review;law/repressive review; bylaws/repressive review; interpretation of the constitution; jurisdictional disputes (horisontal and vertical); impeachment – the president of state(opinion); protection of fundamental rights | state bodies of different levels, incl. republics, autonomos oblasts, ordinary courts, individuals | constitutional complaint |
Adigea Republic | Konstitucionnyj Sud, 3 members: judges | abstract constitutional review – treaties/repressive review; law/repressive review; bylaws/repressive review; interpretation of the constitution; jurisdictional disputes (horisontal and vertical) impeachment – president of the state/opinion | state bodies | no |
Altai Republic | Konstitucionnyj Sud, not established; the respective powers have been currently exercised by the Supreme court and the Arbitration Court | constitutional review of laws and bylaws | state bodies | no |
Baskiria Repuiblic | Konstitucionnyj Sud, 7 members: judges | abstract and concrete constitutional review – treaties/repressive review; law/repressive review; regulations of administrative units/repressive review; interpretation of the constitution; jurisdictional disputes (horisontal and vertical); impeachment – president of the state/opinion; prohibition of political parties; protection of fundamental rights | state bodies, individuals | constitutional complaint |
Ingusetia Republic | Kostitucionnyj Sud, 5 members: judges | abstract constitutional review –law/repressive review; bylaws/repressive review; jurisdictional disputes (horisontal and vertical; protection of fundamental rights | state bodies, individuals | constitutional complaint |
Burjatia Republic | Konstitucionnyj Sud, 5 members: judges | abstract and concrete constitutional review – treaties/preventive review; law/repressive review; bylaws/repressive review; regulations of administrative units/repressive review; interpretation of the constitution; jurisdictional disputes (horisontal,vertical, communal); impeachment – president of the state/opinion; protection of fundamental rights | state bodies, individuals | constitutional complaint |
Dagestan republic | Konstitucionnyj Sud, 5 members: judges | abstract and concrete constitutional review – treaties/prevenive review; law/repressive review; bylaw/repressive review; regulations of administrative units/repressive review; interpretation of the constitution; jurisdictional disputes (horisontal and vertical); impeachment – president of the state/opinion; protection of fundamental rights | state bodies, individuals | constitutional complaint |
Kabardino -Balkar Republic | Konstitucionnyj Sud; the number of members – judges is not determined by the constitution | abstract and concrete constitutional review – treaties/repressive review; law/repressive review; bylaws/repressive review; interpretation of the constitution; jurisdictional disputes (horisontal, vertical, communail); impeachment – president of the state/opinion; protection of fundamental rights | state bodies, individuals | constitutional complaint |
Karelia Republic | Konstitucionnyj Sud, 5 members: judges | abstract and concrete constitutional review – treaties/preventive review; law/repressive review; bylaws/repressive review; regulations of administrative units/repressive review; jurisdictional disputes (horisontal, vertical, communal); impeachment – minister; protection of fundamental rights | state bodies, individuals | constitutional complaint |
Koma Republic | Konstitucionnyj Sud, 5 members: judges | abstract and concrete constitutional review - law/repressive review; bylaws/repressive review; regulations of administrative units/repressive review; interpretation of the constitution; jurisdictional disputes (horisontal, vertical, communal); impeachment – president of the state/opinion; protection of fundamental rights | state bodies, individuals | constitutional complaint |
Mari-El Republic | Konstitucionnyj Sud, 5 members: judges | abstract constitutional review; interpretation of the constitution; legal opinions; jurisdictional disputes (horisontal); impeachment – president of the state/opinion | state bodies | no |
Northern Osetia – Alania Republic | Konstitucionnyj Sud, 5 members: judges | abstract constitutional review – law/preventive review; law/repressive review; bylaws/repressive review; regulations of administrative units/repressive review; impeachment – president of the state/opinion | state bodies | no |
Yaktuia Republic | Konstitucionnyj Sud, 7 members: judges | abstract and concrete constitutional review – treaties/repressive review; law/repressive review; bylaws/repressive review; regulations of administrative units/repressive review; interpretation of the constitution; impeachment – president of the state/opinion; prohibition of political parties; protection of fundamental rights | state bodies, individuals | constitutional complaint |
Magadanska Oblast | Ustavnyj Sud, the number of members-judges has not been determined by the constitution | abstract constitutional review of laws and bylaws; interpretation of the constitution | state bodies | no |
Tverska Oblast | Ustavnyj Sud, the number of members-judges has not been determined by the constitution | no available data | no avaiable data | no available data |
Tulska Oblast | Ustavnyj Sud, the number of members-judges has not been determined by the constitution | no available data | no available data | no available data |
Tjumenska Oblast | Ustavnyj Sud, the number of members-judges has not been determined by the constitution | abstract constitutional review of laws and bylaws; interpretation of the constitution; legislative initiative | state bodies | no |
Orenburgska Oblast | Ustavnyj Sud, the number of members-judges has not been determined by the constitution | abstract constitutional review of laws and bylaws; interpretation of the constitution | state bodies | no |
Kalužska Oblast | Ustavnyj Sud, the number of members-judges has not been determined by the constitution | abstract constitutional review of laws and bylaws; interpretation of the constitution | state bodies | no |
Sahalinska Oblast | Ustavnyj Sud, the number of members-judges has not been determined by the constitution | no available data | no available data | no available data |
Kurganska oblast | Ustavnyj Sud, the number of members-judges has not been determined by the constitution | powers shall be determined by law | no available data | no available data |
Sverdlovska Oblast | Ustavnyj Sud, the number of members-judges has not been determined by the constitution | abstract constitutional review; interpretation of the constitution; jurisdictional disputes (vertical); impeachment – governor/opinion | state bodies | no |
Irkutska Oblast | Ustavnyj Sud, the number of members-judges has not been determined by the constitution | constitutional review of laws and bylaws; jurisdictional disputes; interpretation of the constitution | state bodies | no |
Amurska Oblast | Ustavnyj Sud, the number of members-judges has not been determined by the constitution | abstract constitutional review; interpretation of the constitution | state bodies | no |
Kaliningrad Oblast | Ustavny Sud, 5 members: judges | abstract constitutional review of laws and bylaws; interpretation of the constitution; jurisdictional disputes; referendum | state bodies | no |
Udmurtia Republic | Konstitucionnyj Sud, 5 members: judges | constitutional review of law and bylaws; interpretation of the constitution | state bodies | no |
Tatarstan Republic | Konstitucionnyj Sud, 6 members: judges | abstract constitutional review – treaties/repressive review; law/repressive review; bylaws/repressive review; interpretation of the constitution; jurisdictional disputes (horisontal); impeachment – president of the state/opinion | state bodies | no |
Chechnia Republic | Konstitucionny Sud, the number of members-judges has not been determined by the constitution | constitutional review of law and bylaws; judisdictional disputes; referendum; interpretation of the constitution | state bodies | no |
Hakasia Republic | Konstitucionnyj Sud, the number of members-judges has not been determined by the constitution | constitutional review of law and bylaws; interpretation of the constitution; popular complaint | state bodies, individuals | popular complaint |
Tiva republic | Konstitucionnyj Sud, 5 members: judges | constitutional review of laws and bylaws; jurisdictional disputes; interpretation of the constitution | state bodies | no |