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Zorluk: KolayConcept, Sources, and Functions of Constitutions

Arrange the following sequential steps involved in judicial review when a court enforces constitutional supremacy against an inconsistent statutory law, from the initial legislative act to the final legal outcome:

  1. 1Enactment of a statutory law by the legislature
  2. 2Filing of a lawsuit challenging the legal validity of the statutory law on constitutional grounds
  3. 3Judicial evaluation comparing the statutory law directly against constitutional provisions
  4. 4Formal judicial declaration rendering the statutory law null and void to the extent of its inconsistency

Cevap

The correct sequence of steps in judicial review enforcing constitutional supremacy is: Enactment of a statutory law by the legislature, Filing of a lawsuit challenging the statutory law, Judicial evaluation comparing the statute against constitutional provisions, and Formal judicial declaration rendering the statutory law null and void.
Under the principle of constitutional supremacy, the constitution is the highest law of the land. Judicial review follows a clear chronological path: parliament enacts a statutory law, an affected party files a court challenge, the judiciary evaluates the statutory law against constitutional standards, and finally, the court declares the conflicting law null and void.

Adım Adım Çözüm

1
Identify the creation of the challenged legal instrument
The enactment of a statutory law by the legislature occurs first.
A law must first be passed by the legislature before its constitutionality can be challenged.
2
Identify the initiation of legal proceedings
Filing a lawsuit challenging the statute occurs second.
Courts do not act automatically; an aggrieved citizen or institution must bring the dispute to court.
3
Identify the judicial scrutiny phase
Judicial evaluation comparing the statute with the constitution occurs third.
The court must hear arguments and measure the statute against the supreme constitutional provisions.
4
Identify the final legal determination
Formal declaration rendering the statute null and void occurs last.
If an inconsistency is established, the court delivers the verdict invalidating the unconstitutional statutory provision.

Anahtar Kavram

Judicial review and constitutional supremacy
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