je viens de publier un nouvel article sur des questions conceptuelles en particulier les deux régimes miroirs de démocratie fédérale et fédération démocratique.
Federal Democracy versus Democratic Federation : The United States of America and The European Union
JLSS Vol. 2 No. 2 GSTF Journal of Law and Social Sciences (JLSS) (ISSN: 2251-2853)
The Atlantic Ocean bounds two Unions of States. The First has existed since 1787 in its constitutional form and has undergone multiple both legal and historical changes. The United States of America is a Federation of 50 States. The Political Regime is based on a Democratic system. To build these two aspects, Federation and Democracy, the Union of States had to cross many crises, between the States and the Federal Government as the nullification, between the States themselves, as the Civil War or between the Federal powers. Each crisis changed the balance of powers and implied a redefinition of legal concepts. Much more recent, the European Union took a Federal form since 1992 and the Treaty of Maastricht. This development is not complete because specific elements remain. Its democratic character comes from the Member States and, in part, the operating mode chosen. From a general point of view, the two Unions are the result of an alliance between two legal concepts, the Federation and the Democracy. However, because of singular developments and specific events, the miscellany is very different. The purpose of this contribution is to highlight the differences and common points of the two systems to show two models of collaboration between States, the United States constitute a Federal Democracy while the European Union offers an example of Democratic Federation. To do this, we must first redefine the two concepts in connection with their American and European concepts, before considering the two examples involving Federation and democracy to distinguish them.