ABSTRACT
The paper concerns the consequences of a constitution being the basic legal order of the state. It can only fulfil its regulatory purpose, if it is at the top of the hierarchy of norms; i.e. it has primacy, which is safeguarded by constitutional jurisdiction. Effective legal protection is part of the core area of the rule of law. In today's constitutional law, the concept of legal protection has expanded to include not only compliance with legislation but also, by virtue of the primacy, with constitutional law. It is the task of every court to review the constitutionality of the laws it has to apply in a specific case. Constitutional jurisdiction is therefore a necessary part of the rule of law today. All the courts have the right and the duty to review the constitutionality of the laws they have to apply, in all their proceedings. If they find them unconstitutional, they may not apply them. However, they cannot annul them; only the Constitutional Court can do this. The question arises, however, whether they may, or even must, leave a law unapplied if they consider it unconstitutional. The Constitutional Court has a monopoly on annulment, but not necessarily a monopoly to decide on the non-applicability of a law by these courts. This depends on the concrete legal system.
