An exploration of the similarities and differences between the judicial systems of the U.S and of the European Union with regard to concurrent jurisdiction and the 'full faith and credit clause' under the American Constitution.
Written in 2007; 2,483 words; 18 sources; MLA; $ 75.95
Paper Summary:
The paper analyzes the structure of the U.S. judicial system compared to the current situation in the European Union. The paper reaches the conclusion that if the European Union is not a true federation based on the American model, it could be described as a hybrid, mix jurisdiction, or alternatively, a 'confederation' as a system in between an international organisation and a federation.
Outline:
The American Judicial System
The European Union Judicial System
The European Union: A Hybrid, Mix Jurisdiction?
From the Paper:
"'We must build a kind of United States of Europe'. These were the words pronounced by the famous wartime prime minister of Britain, Winston Churchill, in his speech at Zurich University on the 19th of September 1946. But as soon as June 1941, the Ventotene Manifesto was calling for a 'European Federation', and since, the debate has never lessened. Academics have spoken of a 'federation in the making' , 'an embryonic federal structure' , 'an association of sovereign States with a federal potential' , etc. For some others, any idea of federalism itself is to be banned from the European context. It seems like there is a kind of fear of federalism. From a comparatist perspective, it is interesting to analyse the European Union in parallel with the United States, which is a federal State par excellence, in order to assess whether the Union may be assimilated to such a federation. However, as everything cannot be possibly covered, it is necessary to limit the scope of the study."
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