USA SUPREME COURT OF JUSTICE AND EUROPEAN COURT OF JUSTICE (COMPARISON)

Ovidiu-Horia Maican ()
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Ovidiu-Horia Maican: Department of Law, Bucharest University of Economic Studies, Romania

Perspectives of Law and Public Administration, 2017, vol. 6, issue 1, 136-141

Abstract: The US Supreme Court and the European Court of Justice are coordinating constitutional review. Although the European Union does not have a constitution, the European Court often engages in what functionally amounts to constitutional review, particularly in relation to the quasi-federal structure of the EU. Both courts have engaged in the constitutionalization of politics and seem in risk of politicizing the constitution. The threats to their respective powers and legitimacy are different. The US Supreme Court is vulnerable to internal forces (the President, Congress, national public opinion) whereas the European Court is vulnerable to external forces (the member states and, in particular, theirs constitutional courts).

Keywords: United States of America; Supreme Court of Justice; European Union; European Court of Justice. (search for similar items in EconPapers)
JEL-codes: K33 K40 (search for similar items in EconPapers)
Date: 2017
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Persistent link: https://EconPapers.repec.org/RePEc:sja:journl:v:6:y:2017:i:1:p:136-141

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