2016 Global Review of Constitutional Law

people’s fundamental rights and promote
democracy. An appropriate balance in the
choice of legislative schemes can improve
the functioning of the government and improve
the legitimacy of the actions of all
branches. Judicial independence leads to the
rule of law, which forces the impartiality. It
is also essential to the protection of fundamental
rights and other constitutional guarantees.
It is necessary for the Constitutional Tribunal
to engage in outreach and disseminate
information about its role, functions, and decision-making.
State institutions and citizens
must have wide knowledge about the Tribunal
and how to access it in their pursuit of
justice. The Constitutional Tribunal is trying
to share information about its activity and to
develop sufficient information services.
The effective and efficient implementation,
protection and promotion of fundamental
rights of citizens is more likely to succeed
if the constitutional provisions are clearly
formulated within a given constitutional
framework. The effective guarantee of constitutional
rights shall be based on the rule of
law, and it is characterized by foreseeability,
accessibility, accountability, separation of
powers as well as recognition and protection
of the rights of every person.
to a dispute, can also request the Supreme
Court to make a referral to the Constitutional
Tribunal (the so-called incidental attack on
constitutionality) for a ruling that a contentious
provision of law affecting a resolution
of the case is contrary to or inconsistent with
the Constitution.
Another constitutional mechanism of the
Union Supreme Court that contributes to the
protection of constitutional rights is its mandate
to receive and consider complaints to
submit amicus briefs, or recommendations
to bring cases before the courts on behalf of
the alleged violation of other constitutional
rights. Presently, the National Human Rights
Commission has also gained public trust as
an independent institution to promote citizens’
rights. The rule of law and constitutionalism
are in this sense a joint project to
which all state institutions must positively
contribute.
It is of this view that the courts should have
a reputation of being independent, impartial,
efficient, and representing the highest
quality. Access both physical and to legal
assistance to the courts also plays an important
role. Finally, it is necessary to ascertain
that the bodies protecting the constitutional
rights of citizens are provided sufficient financial,
human, and technical resources.
Since the mandate of the Tribunal does not
reach to individual complaints, the Union
Supreme Court has an important role in promoting
and protecting citizens’ constitutional
rights. A citizen whose rights and liberties,
recognized by the Constitution have been
violated petition the Supreme Court (writs
system). The right to petition the Court is,
however, subject to the exhaustion of other
available legal remedies. The citizen, a party
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