Bernd
10/28/2026 (Wed) 10:30
[Preview]
No.55640
del
>>55636And another, for now I won't reflect on more.
>But what if the Court says something outrageous? What if it rules the Earth is flat according to the Constitution? What if it revises the law on impeachment of Supreme Court justices to make them harder to impeach? (This one actually happened.)I don't know which counties' proceedings you follow, but these examples shouldn't be part of the job of constitutional courts.
A CC should read and study the constitution of its country. The constitution is created by the legislation, not by the CC. Perhaps the CC should be allowed to have opinion what should be in the constitution, perhaps even suggestions, but they aren't there to create or amend the constitution. They are there to decide if laws, bills, decrees, etc that the government and the legislation passes later on are adhere to the constitution or unconstitutional. So let's say the parliament drafts a new law. Then the CC examines the law to check if it follows the constitution. If it violates it, then they pass it back to the legislation so they can re-negotiate and re-draft it.
So the CC can't rule that the Earth is flat according to the Constitution. Firstly to anyone say that "according to Constitution" that thing has to be in the constitution. So first the members of the parliament has to create a constitution that contains that "the earth is flat". Now they either draft it into a new constitution, or amend it. Either way the CC has no say in that. However after that, when the constitution contains that the Earth is flat, and then someone tried passed a law saying "we will drill a straight whole through the Earth from one side of the other" then the CC could say it's unconstitutional because the C says the earth is flat.
All right I know that it was just a silly example, but let's check the second:
>What if it revises the law on impeachment of Supreme Court justices to make them harder to impeach?They can't. The CC is not a legislative body, they don't have the authority to create laws or amend the constitution. If they do then the separation of power is violated in that country.
Reminder, branches of power:
- legislation
- execution
- adjudication.
All right, that's it for now.