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Usa Supreme Court Of Justice And European Court Of Justice (Comparison)

Author

Listed:
  • Ovidiu-Horia Maican

    (Department of Law, Bucharest University of Economic Studies, Romania)

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).

Suggested Citation

  • Ovidiu-Horia Maican, 2017. "Usa Supreme Court Of Justice And European Court Of Justice (Comparison)," Perspectives of Law and Public Administration, Societatea de Stiinte Juridice si Administrative (Society of Juridical and Administrative Sciences), vol. 6(1), pages 136-141, December.
    • Handle: RePEc:sja:journl:v:6:y:2017:i:1:p:136-141
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    File URL: http://businesslawconference.ro/revista/articole/an6nr1/20.%20Maican.pdf
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    More about this item

    Keywords

    United States of America; Supreme Court of Justice; European Union; European Court of Justice.;
    All these keywords.

    JEL classification:

    • K33 - Law and Economics - - Other Substantive Areas of Law - - - International Law
    • K40 - Law and Economics - - Legal Procedure, the Legal System, and Illegal Behavior - - - General

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