The United States Supreme Court and the European Court of Justice: A Comparative Study of Compliance
Independent thesis Advanced level (degree of Master (Two Years)), 20 credits / 30 HE creditsStudent thesis
This paper comparatively compares compliance to the rulings of the United States Supreme Court and the ECJ by the state/member state courts. Besides comparing the compliance to the two courts judgements, the paper also tries to establish how to increase compliance with these rulings in the future. This is done because compliance is an important aspect of a functioning judicial system, and a comparison might reveal solutions from one side that could be utilized on the other.
The main resources used in this book are: articles, books, webpages and statistics on the subject. The main focus lies on the legal approach, but as a comparative study, elements of political science have been used as well.
The results of the comparison show that although statistical compliance is quite high, the actual compliance might be lower due to lack of knowledge or political divisions. Increasing the actual compliance is then a good strategy to be sure that lower courts follow the rulings correctly.
The conclusion of this paper is that political and policy divisions in a country, or between an organization and its members results in non- compliance. Reducing this kind of friction will help increase compliance to decisions, not only statistically but also in practice, as the lower courts will feel more comfortable with the rulings. An increase of knowledge of the subject, and the development of efficient judicial mechanisms in a state will also help assure correct interpretation of the rulings.
Place, publisher, year, edition, pages
2011. , 52 p.
supreme, court, us, ecj, european, court of justice, comparative, study, compliance, lower, courts
IdentifiersURN: urn:nbn:se:oru:diva-20655ISRN: ORU-JPS/RÄT-AG-2011/0035--SEArchive number: ORU-JPS/RÄT-AG-2011/0035--SEOAI: oai:DiVA.org:oru-20655DiVA: diva2:470363
Subject / course
2011-12-19, Örebro Universitet, Örebro, 19:14 (Swedish)
UppsokSocial and Behavioural Science, Law