ВРХОВНИ СУД У СУДСКОМ СИСТЕМУ САД
THE CONSTITUTIONAL COURT IN THE USA JUDICIAL SYSTEM

Summary/Abstract: The USA have specific judiciary system. That system developed under the influence of arrangements of American federalism. American judiciary system differs from the other judiciary systems because it is a dual one. Two systems of judiciary are result of différencies in structure and position of basic governmental organs, and specific position and rights of every single state in the federation. Because of that there appears nowdays in the USA the so called NATIONAL JUDICIARY, or federal judiciary which decides upon cases of violation of the federal Constitution and laws applying only the Constitution, laws and other federal prescripts. The second gauge of judiciary represent the so called STATE COURTS or judiciary systems of the states. All the authorizations for work of these courts as well as legal remedies that might be used in controversies before them are prescribed by state constitutions, laws and other prescripts. State courts in the USA were estabilished as inferior courts; their character and function, because of their position, differs from one state to another, and, as a rule, they are not much alike. That is why heterogenity in jurisdiction and procedure before these courts exist. Constitution of every single state creates judicial power as to the situation in state,. but in the frame and conformity with the Constitution (Article III of the Constitution of the USA), according to which the Congress is authorized to estabilish judiciary system headed by one Supreme Court. These two judiciary systems, „federal" and „state", funcition as independent, separate and parallel. In the Article III, Section I of the Constitution of the USA position of the Supreme Court was determined as the court in which the judicial power was vested. This Article defines position of the Supreme Court like this: „The judicial power of the United States shall be vested in one Supreme Court, and in such inferior courts as the Congress may from time to time ordain and estabilish. The judges, both of the supreme and inferior courts, shall hold their offices during good behavior, and shall, at stated times, receive for their services a compensation which shall not be diminished during their continuance in office". Position of a court, and especially position of the Supreme Court of the USA, and judicial decision in America is not the same as in the greatest part of European legal systems. Judicial decision as a source of law has very distinguished place in United States. Many judicial decisions of the XVIII and XIX century have not only become the source of law but constitutional norms, too. That is why American law looks sometimes strange to European legal scholars. They cannot understand judicial decisions unless they know some characteristics of the American law. Judiciary system and process in the United States cannot be understood unless one knows role of the common law. Common law in American legal system generally has a decisive injluence. Common law developed out of judicial practice and was created by courts and judges while solving concrete cases and providing these with corresponding arguments. Judicial decision got a distinguished place as to the doctrine of common law. Judicial decision became principal source of law. Legislation had to be put in conformity with the common law. The Constitution of the United States of 1787. determined jurisdiction or the Supreme Court like this: „The judicial power shall extend to all cases, in law and equity, arising under this Constitution, the laws of the United States, and the treaties made, or which shall be made, under their authority; to all cases affecting ambassadors, other public ministers, and consuls; to all cases of admiralty and maritime jurisdiction; to controversies to which the United States shall be a party; to controversies between two or more States; between a State and citizens of another State, between citizens of different States; between citizens of the same State claiming lands under grants of different States, and between a State, or the citizens theoreof, and foreign States, citizens, or subjects." (Article III, Section II). Jurisdiction of the Supreme Court of the USA is also provided in United States Code, par. 1251, and Judiciary Act adopted in 1789. It is positive that among the functions performed by the Supreme Court the most important function, not only from the standpoint of the American judiciary system, but judiciary generally, is that one of the judicial control of constitutionality, which is in the legal and official terminology known as judicial review. Though the Supreme Court is the court of. general jurisdiction it can be also caid that it is a sort of the federal constitutional court. Large practice of this court in performing judicial review in the XVIII, XIX and XX century attributed to its very high prestige in America. The most early protagonist of judicial review in the United States was the Chief Justice Marshall, who defined doctrine of judicial review and applied it. From that time on the principle of judicial review has been accepted as a sufficient for the protection of constitutionality. That is where the Chief Justice Marshall's popularity has come from. Though nowdays still exist not so many oppenent standpoints according to which judicial review is under question as the jurisdiction of the Supreme Court, Supreme Court is still commentator of the Constitution and its decisions represent the principle sourse of law in the United States.

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