COMPILATION OF INTERNATIONAL NORMS
AND STANDARDS RELATING TO DISABILITY
2/6   
I. FRAMEWORKS FOR PROTECTION OF RIGHTS
A. BASIC STRUCTURES
2. Role of the Constitution in the Internal Legal
System
2.1 Hierarchy, Political and Democratic
Principles
The Constitution is said to be the law of the laws. The Constitution is the source of
every single political power within the nation. As constitutions are usually rigid and
their modifications require special formalities, this implies a restriction in the action
of the political power.
The logical consequence of the superiority of the Constitution is that every act of the
legislature, which is repugnant to the Constitution itself must be void. Therefore, it
will not bind either the courts or the citizens. The constitutionality of every law and
every act of the Government is one of the most important political principles of
democracies. Consequently, including the civil rights of persons with disabilities within
the Constitution seems to be the best way to protect their human rights and fundamental
freedoms.
2.2 The Power to declare Legal Acts to be in
Violation of the Constitution: Constitutional and Ordinary Courts
The power to declare legal acts as illegal, that means acts that are in violation of
the Constitution, is a power held by the courts or the constitutional courts, depending on
the particular system. A person with disabilities, whose civil rights have been violated
by the law or by the Government, has to appeal to the courts in order to defend his / her
rights. In order to make the system work, it is necessary that the judges are available
and effective in the enforcement of the Constitution, in general, and in the enforcement
of the rights of persons with disabilities, in particular.
The very essence of civil liberty consists of the right of every individual to claim
the protection of the laws, whenever one receives an injury; one of the main duties of
government is to afford that protection. But if it fails, the individual, and in our case,
the disabled person, must be able to access the judicial system so that the court in
question can restore or uphold the legality of the laws. Access to courts and the right to
an effective remedy are also customary rights, reflected in article 8 of the Universal
Declaration of Human Rights and article 2 and 14 of the International Covenant on Civil
and Political Rights.
It does not matter whether one chooses the ordinary courts or a Constitutional court.
Both methods work; however, effectiveness depends on whether persons with disabilities can
access the judicial system.
|
