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Constitution shouldn't deal with formation of courts

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  • Constitution shouldn't deal with formation of courts

    CONSTITUTION SHOULDN'T DEAL WITH FORMATION OF COURTS

    A1plus

    | 14:11:51 | 07-05-2005 | Politics |

    The issues referring to the court formation are usually not fixed
    in the Constitution. It usually contains some clause on the Supreme
    Courts as, for example in the US or Japan. The French Constitution
    does not contain a word about the court formation. The reason is that
    Constitution should not impede the process of inserting the necessary
    changes into the order of court formation.

    The justice is administrated via civic and criminal legal court
    examinations. ̉he courts on civic and criminal cases are called the
    Court of Common Competence However the structure of the court is not
    the same in all the countries. In Anglo-Saxon states the pyramid of
    the Court of Common Competence is concluded with the Supreme Court. In
    a number of countries, for instance in Sweden, Netherlands, Japan and
    China there is a united court system. In some states specialized courts
    function along with the Court of Common Competence. The number of
    these courts depends on the traditions of the countries. U specialized
    courts function in Germany, these being the Administrative Court,
    the Financial Court, The Labor Court and the Court for Social Disputes.

    «In Roman states the juridical system is usually concluded with the
    Court of Cassations, which is to decide whether the law was applied
    correctly", specialist of constitutional law Vardan Poghosyan says.

    Rather few states of the Eastern Europe have the Courts of Common
    Competence. In the South Caucasus, Central Asia, Russia, Ukraine
    and Belarus the juridical system is not three-step. In Moldova the
    supreme instance of the courts of common competence is the Supreme
    Court Chamber empowered to cancel the decisions of the Court of
    Appeal. Vardan Poghosyan highlights the role of the European Court
    of Human Rights.

    Victoria Abrahamyan

    --Boundary_(ID_ww03JZbcHuy587Q7tcXhVQ)--
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