ROLE OF THE JUDICIARY IN SHAPING FEDERATIONS: CASES OF THE SUPREME COURT IN THE UNITED STATES OF AMERICA AND THE COURT OF JUSTICE IN THE EUROPEAN UNION

• Main Author: Andrej Stefanovic
• Format: Article
• Language: English
• Published: Institute for Research and European Studies 2017-07-01
• Series: Journal of Liberty and International Affairs
• Subjects: EU; USA; Federalism; Supreme Court; Court of Justice; constitutional review; implied power
• Online Access: http://e-jlia.com/papers/9-4.pdf

The author of this article uses the comparative method in describing how judicial bodies through their case law shaped and modeled the federal structures of government in the cases of the United States and the European Union. Through initially laying out the theoretical explanations of the significance of constitutional (judicial) review in federal structures, and elaborating on the powers and position of the Supreme Court in the United States and the Court of Justice in the European Union, he seeks to show how these bodies influenced, in similar ways, some of the key features of these two federal organizations.