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Explain the Considerable Difference in the Relationship of West European Constitutional Courts and National Political Institutions.
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West European Politics December 2002 Explain the Considerable Difference in the Relationship of West European Constitutional Courts and National Political Institutions. The issue of the constitution, judiciary and constitutional courts have been discussed in much detail over the past few decades; in fact they have taken particularly contentious areas of debate after the Second World War. A Constitutional Court is the institution that upholds the constitution and has the authority to carry out constitutional reviews. Western Europe in particular has adopted the Kelsen model for review. The European structures of constitutional review I will overview are all based on this model laid out by Hans Kelsen. The four features of this model are 1) monopoly by the constitutional courts on constitutional review 2) restriction on the role of these courts 3) courts with only necessary contact with the judiciary and the legislative 4) permission for a priori abstract reviews. Kelsen's...
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