Justice and constitutional jurisdiction

Abstract

One of the clearest differences between European and American constitutional jurisdiction lies in the understanding of the concept of “jurisdiction.” In constitutional law, it is regarded as a power or authority held by judges, while in procedural law, it is the duty to resolve disputes by applying the current law to the facts of the case. None of these explanations, however, clarifies that in Europe, the power does not reside within the judicial institution but rather within a political entity that, despite its evolution, continues the criterion of interpreting conflicting constitutional norms or facts. In contrast, America hosts different models of constitutional jurisdiction (within or outside the Judiciary), allowing the task of resolving disputes to integrate interpretation with the justice of the case.