Article 110: Judges and Unconstitutional Laws

Chapter IXHigh

Constitution Text

“Judges may not apply any laws that are in conflict with the Constitution. In cases when there are grounds to believe that a law or another legal act that should be applied in a concrete case is in conflict with the Constitution, the judge shall suspend the consideration of the case and shall apply to the Constitutional Court, requesting that it decide whether the law or another legal act in question is in compliance with the Constitution.”

Summary

A judge may not apply a law that conflicts with the Constitution. Where there are grounds to believe that a law or other legal act to be applied in a case conflicts with the Constitution, the judge suspends the case and applies to the Constitutional Court.

Key Points

•A judge may not apply a law that conflicts with the Constitution.
•If there are grounds to doubt the constitutionality of a law or other legal act to be applied, the judge suspends consideration of the case.
•The judge applies to the Constitutional Court asking it to decide whether the act complies with the Constitution.
•The judge does not rule on constitutionality personally; that is done by the Constitutional Court.

Practical Example

While hearing a labour dispute, a district court judge doubts whether a provision of the law complies with the Constitution. The judge suspends the case, applies to the Constitutional Court and resumes the hearing only after receiving its ruling.

Exam Tips

Memorise the sequence: doubt, suspension of the case, application to the Constitutional Court. The exam may ask what a judge must do when they believe a law conflicts with the Constitution.

Art. 7 Art. 102 Art. 106 Art. 109 Art. 111

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