The US and EU represent two of the world’s most influential legal systems, yet their constitutional structures differ fundamentally. The US Constitution is a single, entrenched document with a strong emphasis on individual rights, while the EU relies on treaties and a decentralized framework balancing member-state sovereignty with supranational governance. These distinctions shape everything from judicial review to legislative processes.
A key divergence lies in the role of courts. The US Supreme Court has the power of judicial review, enabling it to strike down laws that violate constitutional principles. In contrast, the European Court of Justice (ECJ) focuses on ensuring EU law’s uniform application across member states, often deferring to national courts on constitutional matters. This difference reflects the EU’s hybrid nature as both a legal and political union.
Another critical area is federalism. The US system divides authority between federal and state governments, with clear delineations (e.g., commerce clause jurisprudence). The EU, however, operates on the principle of subsidiarity, where decisions are made at the lowest effective level. This can lead to complexities, such as overlapping regulations in areas like environmental policy.
At Juris Intel, we examine how these structural differences impact real-world issues, such as data privacy (GDPR vs. US sectoral laws) or emergency powers (COVID-19 responses). Understanding these nuances is vital for policymakers, businesses, and scholars operating transatlantically.