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C Constitutional Review

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Chapter Summary

The disavowal of any law or decision of the Legislature as repugnant to or inconsistent with the Constitution under Article 179.2 is accompanied by corresponding mechanism for the constitutional review of such enactments established by Articles 140 and 144. The Court found that the electoral jurisdiction of the Supreme Court extends under the terms of Articles 85 and 145 to every issue relating to elections including the constitutionality of the provisions of the electoral law but not to matters following thereafter. The Attorney General is an independent officer of the Republic holding office under the same terms and conditions as superior judges. The chapter examines the principles governing judicial review of the constitutionality of laws and decisions envisaged by Articles 140 and 144. A finding of unconstitutionality of one or more sections of a law does not automatically render the law unconstitutional in its entirety.

Keywords: Attorney General; constitutional review; electoral jurisdiction; electoral law; Legislature; Supreme Court



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