Alternative approaches of the „American model - European model” dichotomy
Alternative approaches of the „American model - European model” dichotomy

Summary/Abstract: This paper endeavours to briefly present European scholars’ reflections upon the models of constitutional review and to propose a possible new model registered at European level, which is focused on individuals and their legal protection. This means it is necessary to rethink the classical approach of the constitutional justice in light of legal traditions, positive law within legal systems and comparative methodologies. The criteria used for the distinction ”American model-European model” have lost their topicality and relevance concerning the effective protection of human rights. As we can all agree, there are no differences in terms of results between the American and the European system of constitutional justice. In a globalized context of human rights, we meet a certain merger, a transformation of the legal world’s diversity into a great unity.

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