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Constitutional control in the USA
Bibliographic description of the article for the citation:
Яна Корсюк. Constitutional control in the USA//Science online: International Scientific e-zine - 2019. - №6. - https://nauka-online.com/en/publications/jurisprudence/2019/6/konstitutsionnyj-kontrol-v-ssha/
Annotation: Constitutional control contributes to ensuring the supremacy and direct effect of the Constitution throughout the state, protects the fundamental rights and freedoms of an individual and citizen, and prevents the emergence of unconstitutional acts. The article analyzes in detail the definitions of the concept of "constitutional control". The author also drew attention to the emergence and formation of the institution of constitutional control in the United States. In this paper, the author presented and investigated three prerequisites for the formation of judicial constitutional review. To reinforce the arguments used by the views of reputable scientists, scholars and the position of the US Supreme Court. In addition, the author noted seven main features that characterize the American model of constitutional review. The centralized and decentralized American models are investigated, their features are indicated, and examples of countries are given. The author conducted a comparative analysis of the European and American models of constitutional review. For a thorough comparison, the features, characteristics and tasks of each model are compared. Moreover, the work shows the evolution of the institution of constitutional control, its change in the United States of America. Considerable attention is paid to the work of the US Supreme Court and the analysis of known precedents in the state. The authority of the court in resolving cases has been clarified and its place in the federal judicial hierarchy has been analyzed. The author also indicates the political powers vested in the Supreme Court of the United States of America. At the end of the work, the author noted the role of the Constitution and judicial precedent in determining the powers of the US Supreme Court in exercising constitutional control.
