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Comparing constitutional review by the European Court of Justice and the U.S. Supreme Court

Global Warming - distance between America and Europe is steadily increasing.
by Oui on Wed Nov 28th, 2018 at 09:14:59 PM EST
Helpful and not helpful
for readers who are not familiar with the Article text of the US Constitution which establish definitively, not only the three "branches" of the federal government, but the form of government required by US states (republican representation of constitutional law ratified within each). The extent to which and limitations on state sovereignty enjoined by their US constitutional federation (formerly confederation) --by comparison to European conceptualization of national sovereignty and TEU-- is a historically controversial topic in the USA.

The US Constitution Article III expressly establishes one Supreme Court. (The Bill of Rights 1-28 --citizens', "civil rights"-- amends the articles.) and its "inferior courts" (or "parts", literally identified in district courts' corridors, to which I have referred) as well as federal jurisdiction, including the establishment of its "parts" in the states (distict and circuit courts) and states' supreme courts. Marshall's distinction as the first chief justice lies in the manner --through diverse case reviews-- by which the SCOTUS implemented its US constitutional authority, created by US Congress of legislators. In a sense, the SCOTUS preserves state sovereignty and "democratic values" by instituting and respecting the appellate review processes; litigation "bubbles up" to the writ of last resort.

Lacking a glossary on US Constitution Articles, introduction to novel terminology such as "infraconstitutional law" or "constitutional court", could confuse a reader.

Diversity is the key to economic and political evolution.

by Cat on Wed Dec 5th, 2018 at 06:04:12 PM EST
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