Judgment Reviews Law at Kyrgyzstan
Kyrgyzstan's judicial review system is primarily vested in the Constitutional Chamber of the Supreme Court, which independently performs constitutional oversight of legislation. Established in 2010 following the Kyrgyz Revolution, the Constitutional Chamber was re-established in 2021 with the adoption of a new version of the Constitution.
⚖️ Constitutional Review Mechanisms
Under Article 97 of the Constitution, the Constitutional Chamber has the authority to:
Declare laws and other regulatory legal acts unconstitutional if they contradict the Constitution.
Review the constitutionality of international treaties not yet entered into force.
Assess draft laws proposing amendments to the Constitution.
Individuals have the right to challenge the constitutionality of laws or other regulatory legal acts if they believe these acts violate rights and freedoms recognized in the Constitution.
🧑⚖️ Composition and Appointment
The Constitutional Chamber comprises 11 judges, who are appointed through a process involving the President, Parliament, and the Council on Selection of Judges Judges serve 7-year terms and are selected based on their legal qualifications and experience
🔄 Recent Amendments and Controversies
In September 2023, President Sadyr Japarov approved amendments to the Law on the Constitutional Court, granting the Court the power to review its own decisions under certain condition. This includes cases wher:
The constitutional norm upon which the decision was based has change.
New circumstances significant for the subject of the appeal have been discovered that were unknown at the time of the original decisio.
The decision contradicts the moral values and social consciousness of the people of Kyrgyzsta. These amendments have sparked debates about the potential impact on judicial independenc. Critics argue that allowing the executive branch to influence the review of judicial decisions could undermine the principle of judicial independenc.
⏳ Procedures and Timelines
According to the Constitutional Law on the Constitutional Cour:
The Constitutional Court must make a ruling on an accepted appeal within *6 months.
In cases concerning the interpretation of the Constitution or those related to a judge's request, the Court must issue a ruling within *2 months.
In cases regarding the compliance of procedures for bringing charges against the President, the Court must issue a ruling within *1 month.
🧭 Summar
Kyrgyzstan's judicial review system is centered on the Constitutional Chamber of the Supreme Court, which serves as the highest judicial authority for constitutional oversigt While the system provides mechanisms for challenging unconstitutional laws and acts, recent amendments granting the Court the power to review its own decisions have raised concerns about potential threats to judicial independene The evolving legal landscape underscores the importance of balancing judicial authority with safeguards to maintain the integrity of the constitutional review proces.
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