The Contested Political Power of the European Court of Justice and the United States Supreme Court: A Comparative Analysis

2012 ◽  
Author(s):  
Tommaso Pavone
Keyword(s):  
United States ◽  
Comparative Analysis ◽  
Supreme Court ◽  
Political Power ◽  
United States Supreme Court ◽  
The United States ◽  
European Court Of Justice ◽  
United States Supreme ◽  
Court Of Justice ◽  
European Court

Protecting the Court’s Institutional Interests: Why Not the Marbury Approach?

1987 ◽  
Vol 81 (1) ◽  
pp. 121-129
Author(s):  
Michael J. Glennon
Keyword(s):  
United States ◽  
Supreme Court ◽  
Legal System ◽  
United States Supreme Court ◽  
The United States ◽  
United States Supreme ◽  
International Court Of Justice ◽  
Court Of Justice ◽  
International Court ◽  
The One

A wise prince must rely on what is in his power and not on what is in the power of others.MachiavelliThe International Court of Justice in Military and Paramilitary Activities in and against Nicaragua confronted a dilemma that paralleled in many ways the one confronted by the United States Supreme Court in the famous 1803 case of Marbury v. Madison. Each dispute confronted a young court that had not yet established its legitimacy; each court faced a powerful, recalcitrant defendant that challenged its right to decide the case; and each therefore seemed to face two equally unpalatable choices: avoiding the case and seeming to admit defeat, or resolving it only to have the judgment ignored. Either choice seemed to entail profound damage not only for the court as an institution but also for the legal system in which it operated.

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