Judicial Review of Constitutionality of Laws in the Republic of Greece Cover Image

Съдебен контрол върху конституционността на законите в Република Гърция
Judicial Review of Constitutionality of Laws in the Republic of Greece

Author(s): Hristos Kazandzis
Subject(s): Law, Constitution, Jurisprudence, Constitutional Law, EU-Legislation
Published by: Пловдивски университет »Паисий Хилендарски«
Keywords: constitutionality of laws; judicial review; Greece; legislator; constitutional court
Summary/Abstract: Judicial review of the constitutionality of laws takes various forms around the world today. Chronologically, Greece was the first to establish a system of constitutionality review, since the constitution of 9 June 1975 created an original mechanism that moved away from the classical European model and seemed to approach the American model, since constitutionality review could also be carried out by ordinary courts. The constitutional legislator since 1975 avoided following the trend observed in most European countries to create a special constitutional jurisdiction. Since the last constitutional amendment in 2008, there has been a great deal of discussion about the need for a Constitutional Court. It can be noted that the current Greek system of diffuse and incidental review of the constitutionality of laws is outdated and dysfunctional, with a significant gap as regards the settlement of certain constitutional disputes.