Эх сурвалж: Сарантуяа багшийн Үндсэн хуулийн процессын эрх зүйн ном. 2000 он 12-23 хуудас

1. An organization exercising supreme
supervision over the implementation of the
Constitution, its classifation
a model of constitution's supervision
International law 4
Bolor-Erdene M.
Legal English

2. Constitution is not symbol or
declaration. It is basic law and supreme
potential act of our society. So almost all
country has organizations exercising
supreme
supervision over the implementation of
the Constitution. That organizations
differ from each other such as
construction, structure and order.

3. A model of constitution's supervision
 To supervise the conformity to the other
legal act and another legal act
Supervision of this type assumed the
conformity to the law adopted by
parliament of England for its colonies
country and the law adopted by
legislative branch of colonies country
also the conformity to the custom law
and common law of England was
derived from the Secretary Consultation
of England in 17th century.

4. The model of America to supervise
over the implementation of Constitution
In the USA, John Marshall,
judge of Supreme Court, made
the case No one of didn’t supervision give the
the
conformity right to supervising the constitution
over
the implementation of
and other laws on the Marbury v.
Constitution to them
Madison (1803) case. In that
(Court of Constitution )
case, But the THEY Supreme DECLARED
Court
invalidated THAT a OWN provision RIGHT
of
the Judiciary BY THEIR Act DECISION.
of 1789 on the
grounds that it violated the
Constitution by attempting to
expand the original jurisdiction of
the Supreme Court.

5. Now most country including
Argentina, Bolivia, Dominican,
Canada, Mexico, Australia, New
Zealand, Dania, Irelands, Norwegian,
Bangladesh, Israeli, Iran, Pakistani,
India, Japan have the model of
America to supervise over the
implementation of Constitution.

6. Character of the that model
The general court supervises the
conformity to the constitution and
laws applied on their civil and criminal
procedure of court.
In other hand, while the general
court is revising the civil and criminal
case, they supervises the conformity
to the constitution and law applied
during their procedure.

7. That model is divided into three
section.
1. All court have a right to supervise the
Constitution. (USA, Argentine, Mexico,
Scandinavia, Japan )
2. Only Supreme court has a right to
supervise the Constitution. (Bolivia,
Irelands, South America)
3. In united country, supreme court of
each state countries have a right to
supervise the Constitution. (Australia,
Canada, Malaysia, India )

8. The model of Europe to supervise over
the implementation of Constitution
After World War 1,
Europe had became
independence model of
supervision of Constitution.
According to model of
Europe, Independence court,
different form other general
court, has a right to supervise
over the implementation of
Constitution.
Hans Kelsen, Australian
lawyer, urged that idea.

9. Models of the organization
A model of America A model of Europe
John Marshall Hans Kelsen
Case law
Decision Law
ALL
COURT
SUPREM
E COURT
SUPREME
COURTS OF
EACH STATE

10. A model of Europe
The theory of
natural right or
Social Contract
Theory
The
organic
theory
Institutional
theory

11. Europe has 3 theories by which Constitutional
independence court are established.
1. The theory of natural right or Social Contract Theory
The constitution regulates relations between state
and citizen . But mean idea of constitution
guarantees human rights.
An organization supervising Constitution is a duty
to protect the act of enjoying and exercising human
rights strengthened by Constitution.
2. The organic theory
The constitution adopted by establishing
organization such as nation is supreme potential
law. The acts adopted legislative, judicial and
executive branch below that organization doesn’t

12. 3. Institutional theory
Organization of state must be operate
through their duties and rights passed by
constitution. It called the principal
allocation of state power derive from
Aristotle.
Constitution prohibit to misfit power of
organization of state and power of
another organization of state. They must
be check and balance to each other
powers.

13. Benjamin Constant
developed a new theory of
constitutional monarchy, in
which royal power was
intended to be a neutral
power, protecting,
balancing and restraining
the excesses of the other,
active powers (the
executive, legislature,
and judiciary).
Monarchy=хаант
засаг

14. Test

15. According to the model of America
supervising constitution, who gave
the right to supervise over the
implementation of Constitution?
A.Constitution
B.Code of constitutional
court
C. Both responses are
wrong C

16. According to the model of America
supervising constitution, who innovated
the idea that general court supervises the
implementation of Constitution?
A. Benjamin Constant
B. John Marshall
C. Aristotle
D. Adam Smith
B

17. Who urged the idea that we must
have independent court of
constitution?
A. Hans Kelsen
B. Benjamin Constant
C. John Marshall
D. Aristotle
E. Adam Smith
A

18. What is mean idea of Social Contract
Theory ?
A. The constitution regulates relations
between state and citizen .
B. The constitution adopted by
establishing organization such as
nation is supreme potential law.
C. Organization of state must be operate
through their duties and rights passed
by constitution.
A

19. Who developed a new theory of
constitutional monarchy?
A. Benjamin Constant
B. John Marshall
C. Aristotle
D. Adam Smith
A

20. THANK YOU FOR YOUR
ATTENTION.