How Constitutional Courts Work
On 30–31 October 2026, a power struggle broke out at Poland's Constitutional Tribunal, with each side accusing the other of acting unlawfully. This film explains the fundamentals behind such courts: why a constitution is higher law, how the US Supreme Court claimed the power of judicial review in Marbury v. Madison (1803), how Hans Kelsen designed a dedicated constitutional court for Austria in 1920, how that model spread after the Second World War, the doors by which a law reaches such a court, how judges are chosen and why terms are long and single, the debate over unelected judges overruling elected majorities, and how Thailand's and Poland's courts are built.
Who has the last word?
How constitutional courts work, and why they are fought over.
Higher law
The rulebook for making the rules.
Any court can say no
Marbury v. Madison, 1803.
A court for the constitution
Vienna, 1920.
Three doors to the court
How a law gets checked.
Who chooses the judges
Designs for independence.
The great debate
Should unelected judges overrule elected lawmakers?
Courts today
A Thai court and a Polish dispute.
The last word
A written promise that binds even the majority.
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