A constitutional court is an appellate court that examines laws relating to the constitution. It hears cases sent by lower courts and may uphold, reverse, or remand decisions. It does not consider the case itself, only how the law has been interpreted in relation to the constitution. Once a decision is made, it stands as the ultimate source of authority. Many countries have constitutional courts, which may operate under slightly different rules but have the same mission of interpreting their respective constitutions.
In most cases, the term constitutional court refers to any court that is simply there to examine laws relating to the constitution. As such, a constitutional court is generally considered to be an appellate court of some kind. Often the term is reserved for a court of great importance, such as a supreme court. The term can also apply to any court that derives its mission and authority from a valid constitution.
A constitutional court will typically hear cases sent by a lower court, although it may not hear all cases requested. The court gets cases that have been appealed. If one party is dissatisfied with a decision, that party can file a brief for an appeal. This brief generally only addresses concerns about how the law has been interpreted in relation to the constitution.
One of the things that a constitutional court generally does not consider is the case. In other words, whether someone told the truth during the testimony, or whether some of the accounts given during the trial are accurate is outside the bounds of what will be considered. The court may issue a decision on the admission of certain testimony, but this has nothing to do with the content of the testimony. Rather, it is related to the fact that testimony should have been allowed under the rules of the court, as seen through the constitution.
Once a decision has been rendered by the Constitutional Court, there is little other recourse. The decision typically stands as the ultimate source of authority. While some may seek to change the constitution, this is a time consuming process in almost all cases and may not change the outcome of a case decided before the constitution was changed. Therefore, it is rarely tried as a remedy.
A constitutional court has several options when making a decision. It can uphold the lower court’s decision, reverse it entirely, or reverse the decision and send it back to the lower court for further disposition. For example, if a court decides that a witness’ testimony should be dismissed, then it can remand the case for a retrial in the lower court, with instructions that a particular witness should not be used.
Many countries, and even some states, refer to their higher courts as constitutional courts. For example, in the United States there is the constitutional court in Arizona. In other countries, it is the name of courts in places like South Africa, Afghanistan and many others. These courts may operate under slightly different rules, but the basic mission of interpreting their respective constitutions is always the same.
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