Judgment Reviews Law at Haiti
In Haiti, judicial review is primarily exercised by the Supreme Court of Haiti (Cour de Cassation), the highest court in the country's legal system. The Constitution of Haiti, particularly Articles 183 and 183-1, grants the Supreme Court the authority to rule on the constitutionality of laws and government decrees. This means that the Court can assess whether legislative and executive actions align with the Constitution. However, its decisions on constitutionality are not subject to appeal, except in cases where the Constitution is amended or the Court overrules itself.
Additionally, the Constitutional Council, established by the 2011 constitutional amendment, is tasked with ensuring the constitutionality of laws, regulations, and administrative acts. It reviews laws before their promulgation and can rule on the constitutionality of internal regulations of the Senate and Chamber of Deputies. Its decisions are final and not subject to appeal.
Despite these provisions, the effectiveness of judicial review in Haiti is hampered by significant challenges. The justice system faces severe resource constraints, including inadequate infrastructure, outdated legislation, and widespread corruption. These issues have led to a backlog of cases, with many individuals awaiting trial for extended periods. Additionally, political interference and a lack of judicial independence further undermine the system's ability to function effectively.
In summary, while Haiti's legal framework provides mechanisms for judicial review, the practical application of these mechanisms is limited by systemic challenges that hinder the judiciary's capacity to uphold the rule of law.
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