THE SUPREMACY OF THE CONSTITUTION
Keywords:
the principle of the supremacy of the constitution, the principle of the hierarchy of laws, the principle of the constitutionality of lawsAbstract
In the society’s lawyers, public law, was generally accepted that constitutionalism was considered both constitution establishment to enforce the administration of the country. Also, the constitution itself established systematic legal system. At the same time, in the midst of that state, there were many types of laws. The constitution of each state must be established along with the principle of the hierarchy of laws. The result of the main legal hierarchy caused continuous sub-principles. As a result, it was considered that the law was more important or higher law. It had legal class above the law of subordinate law. If the secondary law contained provisions being contrary to or inconsistent with the Constitution, the provisions of the law shall be unenforceable due to being voided. To comply with the implementation; the supremacy of the Constitution and the constitutional inclination, the Constitution of each country created an organization that protected the supremacy of the Constitution. The established organization inspected the principle of the Constitutionality and reviewed whether the provisions of the law that the legislature enacted were contrary to or inconsistent with the Constitution. What is the format of particular model of this organization inevitably, there were a number of different types. It depended on the defined constitutional law system of each country.
References
เข็มทอง ต้นสกุลรุ่งเรือง. (2552). วิเคราะห์คดีมาร์เบอร์รี่และเมดิสัน : ต้นกำเนิดแห่งการใช้อำนาจตุลาการ เพื่อดำรงหลักความเป็นกฎหมายสุงสุดของรัฐธรรมนูญ. วารสารกฎหมายคณะนิติศาสตร์ จุฬาลงกรณ์มหาวิทยาลัย, 27(3), 169-190.
Capeletti, M. (1970). The Juducial Process in Perspective. Chapt 3, published in 58 Cal. L. Rev. 1017 published also in D. Beatty. Comparative Constitutional Law. Toronto: Faculty of Law University of Toronto, Spring.
Dominique, R. (1996). La Justice Constitutionnelle en Europe. Paris: Montchrestien.
Herbert, J.A. (2000). Marbury v. Madision. Oxford: Oxford University Press.
The Constitution of The United States of America. (1787). Article VI Clause 2 Provide That The Constitution. Shall Be The Supreme Law of The Land. Bound: The Judges In Every State Shall Be Bound Thereby.
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