Article · Public Integrity · November 22, 2023

Constitutional Law-Making in the U.S. Supreme Court

Dauren Bakhtybayuly Makhambetsaliyev, Gulnar Sagynbekova, Ulan B. Abdykadyr, Elvira A. Alimova, Akmaral B. Smanova

Read on dx.doi.orgDOI 10.1080/10999922.2023.2282261

Abstract

Given the presence of constant discussions on the issue of judicial law-making, a study was conducted, the purpose of which was to study the issue of law-making of the Supreme Court of the United States, as well as the general principles of judicial law-making of the United States, including a retrospective analysis of the American legal system. The basis of the methodological approach is historical-comparative and dialectical methods, with the help of which a detailed retrospective analysis of the American legal system was carried out and the origins of court law-making, its forms and detection were studied. The results of this study made it possible to qualitatively assess the state of judicial law-making in the United States of America. The influence of the colonists on the customary law of the indigenous population was analyzed, as well as the mixing of royal law with the local law of the colonists on the territory of the United States. The practical significance lies in the possibility of using the research to improve the judicial system of both the countries of the Central Asian region and the countries of Eastern Europe.

Judicial and Constitutional StudiesAmerican Constitutional Law and PoliticsComparative constitutional jurisprudence studiesjudicial law-makingjudicial reviewUnited States Supreme Court

Constitutional Law-Making in the U.S. Supreme Court

Abstract

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