The Court and the Legislature: Constitutional Partners

[Sanford Levinson]

Arguably, the South African Constitution has this model.  Presidents are allowed to veto bills, but only on constitutional grounds.  The legislature can reject the veto, at which time it is sent to the Constitutional Court, which has the last word.  If they uphold the law, the president must sign it.
 
sandy

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From: conlawprof-bounces at lists.ucla.edu on behalf of RJLipkin at aol.com
Sent: Sat 3/31/2007 9:19 PM
To: CONLAWPROF at lists.ucla.edu
Cc: RJLipkin at aol.com
Subject: The Court and the Legislature: Constitutional Partners


        Are there any nations whose legislature is permitted to make constitutional judgments to which the court must respond but can then reject. I don't think this is quite as inexplicable as it might appear.  The court has the final judgment but the system gives the legislature a role as providing advisory opinions to which the court must respond. Off-list replies are fine. 
 
Bobby

Robert Justin Lipkin
Professor of Law
Widener University School of Law
Delaware

Ratio Juris, Contributor:  http://ratiojuris.blogspot.com/ <http://ratiojuris.blogspot.com/> 
Essentially Contested America, Editor: http://www.essentiallycontestedamerica.org/



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