American Judicial Constitutional Control Model (US Case Study)

Abstract

The article analyzes the American model of judicial constitutional control. The European model, as we know, is characterized by the creation and operation of a specialized body-the constitutional Court, the constitutional Tribunal, the constitutional Council. The American model of control over the constitutionality of normative legal acts was formed much earlier than the European one. Its difference is that ordinary courts address the issue of the constitutionality of a normative legal act in the context of the judicial dispute under consideration. That is, for them, the question of constitutionality is only one of the functions accompanying the legal consideration of the dispute. It is noted that the positive, which clearly outweighs, and negative in the organization of judicial constitutional control in this model.