Penn State International Law Review


Louis Del Duca

First Paragraph

In the aftermath of World War II, Europe searched for new regional and national institutions which would protect human rights and prevent reoccurrence of the massive tragic violations it had experienced. The Council of Europe with its innovative European Convention on Human Rights emerged at the European regional level. At the national level, individual States adopted constitutions which included guarantees of human rights, and also created special Constitutional Courts from which courts facing allegations of violations of constitutional rights could obtain binding determinations of constitutional incompatibility. Italy and Germany led many European countries in adopting a "centralized" system of judicial review vesting the power to review the constitutionality of norms or actions in a single specialized court.