Davor Trlin, LLD^*

JUDICIAL CONTROL IN USA AND SOME EUROPEAN CONSTITUTIONAL SYSTEMS

Summary

The modern state finds the basis for the organization and functioning in the constitution. The constitutional norm has a principle character, it is always the inital and should be developed in order to fulfill its core. By law, as general and authoritative legal acts, developing of constitutional norms is done. In the hierarchy of legal acts, constitutional norm remains above the law, in accordance with the principle of "lex superior derogat legi inferior". This paper, in addition to introduction and conclusion, consists of four themes. The first explains the types of the constitutionality of legislation, in order to demonstrate the court in the modern state is not the only state body to review the constitutionality of laws. The second part presents the foundation of judicial review. The third and fourth part are  institutionalized forms of judicial review in the USA and Europe, and these two parts are actually the tool for safer evaluation of the similarities and differences between the models of judicial review in the USA and Europe in the fifth part, which has actually been the target of research.

Key words: Normative hierarchy, Constitutionalism, Judicial Review, US Supreme Court, Constitutional Court

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^* Higher Associate at the Centre for Education of Judges and Public Prosecutors in Federation of Bosnia and Herzegovina.