Judicial Activism At The European Court Of Justice
Download Judicial Activism At The European Court Of Justice full books in PDF, epub, and Kindle. Read online free Judicial Activism At The European Court Of Justice ebook anywhere anytime directly on your device. Fast Download speed and no annoying ads. We cannot guarantee that every ebooks is available!
Judicial Activism at the European Court of Justice
Author | : Bruno de Witte,Elise Muir,Mark Dawson |
Publsiher | : Edward Elgar Publishing |
Total Pages | : 305 |
Release | : 2013-01-01 |
Genre | : Law |
ISBN | : 9780857939401 |
Download Judicial Activism at the European Court of Justice Book in PDF, Epub and Kindle
ÔThis well-constructed, and well-written, collection fills a gap in the scholarship. It offers a rounded and plausible picture of the CourtÕs role in Europe, engaging with the complexity of the law without losing sight of the bigger political picture. Well-contextualised, critical, but nuanced, discussions of the role of rights, economics, science, and institutions, and of the important particularities of EU adjudication, will make this volume unmissable for those interested in the political role of the Court of Justice of the EU.Õ Ð Gareth Davies, VU University of Amsterdam, The Netherlands This book delves into the rationale, components of, and responses to accusations of judicial activism at the European Court of Justice. Detailed chapters from academics, practitioners and stakeholders bring diverse perspectives on a range of factors Ð from access rules to institutional design and to substantive functions Ð influencing the European CourtÕs political role. Each of the contributing authors invites the reader to approach the debate on the role of the Court in terms of a constantly evolving set of interactions between the EU judiciary, the European and national political spheres, as well as a multitude of other actors vested in competing legitimacy claims. The book questions the political role of the Court as much as it stresses the opportunities Ð and corresponding responsibilities Ð that the CourtÕs case law offers to independent observers, political institutions and civil society organisations. Judicial Activism at the European Court of Justice will appeal to researchers and graduate students as well as to EU and national officials.
On Law and Policy in the European Court of Justice
Author | : Hjalte Rasmussen |
Publsiher | : BRILL |
Total Pages | : 590 |
Release | : 1986-06-24 |
Genre | : Law |
ISBN | : 9024732174 |
Download On Law and Policy in the European Court of Justice Book in PDF, Epub and Kindle
The Power of the European Court of Justice
Author | : Susanne K. Schmidt,R. Daniel Kelemen |
Publsiher | : Routledge |
Total Pages | : 156 |
Release | : 2014-06-11 |
Genre | : Political Science |
ISBN | : 9781317981299 |
Download The Power of the European Court of Justice Book in PDF, Epub and Kindle
The European Court of Justice (ECJ) has played a vital role in promoting the process of European integration. In recent years, however, the expansion of EU law has led it to impact ever more politically sensitive issues, and controversial ECJ judgments have elicited unprecedented levels of criticism. Can we expect the Court to sustain its role as a motor of deeper integration without Member States or other countervailing forces intervening? To answer this question, we need to revisit established explanations of the Court’s power to see if they remain viable in the Court’s contemporary environment. We also need to better understand the ultimate limits of the Court’s power – the means through which and extent to which national governments, national courts, litigants and the Court’s other interlocutors attempt to influence the Court and to limit the impact of its rulings. In this book, leading scholars of European law and politics investigate how the ECJ has continued to support deeper integration and whether the EU is experiencing an increase in countervailing forces that may diminish the Court’s ability or willingness to act as a motor of integration. This book was published as a special issue of the Journal of European Public Policy.
Judicial Activism
Author | : Luís Pereira Coutinho,Massimo La Torre,Steven D. Smith |
Publsiher | : Springer |
Total Pages | : 206 |
Release | : 2015-05-26 |
Genre | : Law |
ISBN | : 9783319185491 |
Download Judicial Activism Book in PDF, Epub and Kindle
This volume offers different perspectives on judicial practice in the European and American contexts, both arguably characterized in the last decades by the emergence of novel normative and even policy arguments by judges. The central question deserving the attention of the contributors concerns the degree in which judicial exercises in practical reasoning may amount to forms of judicial usurpation of the legislative function by courts. Since different views as to the nature and scope of legal reasoning lead to different degrees of tolerance regarding what should be admissible to courts, that same nature and scope is thoroughly debated. The main disciplinary approach is that of general jurisprudence, but the contributions take stock of other disciplines in which judicial activism has been addressed, namely positive theories of judicial behavior. Accordingly, the book also explores the development of interdisciplinary dialogue about the theme.
European Judicial Systems as a Challenge for Democracy
![European Judicial Systems as a Challenge for Democracy](https://youbookinc.com/wp-content/uploads/2024/06/cover.jpg)
Author | : Elżbieta Kużelewska,Dariusz Kloza,Izabela Krasnicka,Franciszek Strzyczkowski |
Publsiher | : Unknown |
Total Pages | : 244 |
Release | : 2014 |
Genre | : Courts |
ISBN | : 1780685238 |
Download European Judicial Systems as a Challenge for Democracy Book in PDF, Epub and Kindle
The European Court of Justice and the Autonomy of the Member States
Author | : Hans-W. Micklitz |
Publsiher | : Intersentia Uitgevers N V |
Total Pages | : 402 |
Release | : 2012 |
Genre | : Law |
ISBN | : 940000026X |
Download The European Court of Justice and the Autonomy of the Member States Book in PDF, Epub and Kindle
There is an impressive body of legal literature on the relationship between the European Court of Justice (ECJ) and its various 'interlocutors' (EU institutions, national jurisdictions, EU interest groups, multinationals, etc.) There has also been occasional speculation at various points in time as to whether or not the ECJ was guilty of 'judicial activism.' Recently however, the ECJ has come under heavy attack from various sides. It has been criticized by leading politicians, national judges, and legal academics for unduly extending the scope of EU law and overstepping its own jurisdiction, to the detriment of the reserved competences or (more broadly) the political autonomy of the Member States. This volume addresses the issue by collecting and confronting the views of leading specialists of EU law, examining the ECJ's recent role in relation to the following five major areas of contention: the general role of the ECJ in defining the scope of EU law in relation to national law * citizenship and migration * fundamental rights and anti-discrimination * internal market * institutional autonomy (rights, remedies, procedures, and sanctions).
Justice Contained
Author | : Lisa J. Conant |
Publsiher | : Cornell University Press |
Total Pages | : 272 |
Release | : 2018-10-18 |
Genre | : Law |
ISBN | : 9781501722646 |
Download Justice Contained Book in PDF, Epub and Kindle
In this probing analysis of the European Union's transnational legal system, Lisa Conant explores the interaction between law and politics. In particular, she challenges the widely held view that the European Court of Justice (ECJ) has, through bold judicial activism, brought about profound policy and institutional changes within the EU's member states. She argues convincingly that this court, like its domestic counterparts, depends on the support of powerful organized interests to gain compliance with its rulings. What, Conant asks, are the policy implications of the ECJ's decisions? How are its rulings applied in practice? Drawing on the rich scholarship on the U.S. Supreme Court, Conant depicts the limits that the ECJ and other tribunals have to face. To illuminate these constraints, she traces the impact of ECJ decisions in four instances concerning market competition and national discrimination. She also proposes ways of anticipating which of this court's legal interpretations are likely to inspire major reforms.Justice Contained closes with a comparative analysis of judicial power, identifying the ECJ as an institution with greater similarities to domestic courts than to international organizations. The book advances a deeper understanding both of the court's contributions to European integration and of the political economy of litigation and reform.
Revisiting Judicial Politics in the European Union
Author | : Mark Dawson,Bruno de Witte,Elise Muir |
Publsiher | : Edward Elgar Publishing |
Total Pages | : 389 |
Release | : 2024-03-14 |
Genre | : Law |
ISBN | : 9781035313518 |
Download Revisiting Judicial Politics in the European Union Book in PDF, Epub and Kindle
Addressing the tensions between the political and the legal dimension of European integration as well as intra-institutional dynamics, this insightful book navigates the complex topic of judicial politics. Providing an overview of key topics in the current debate and including an introductory chapter on different conceptions of judicial politics, experts in law and politics interrogate the broader political role of the European Court of Justice.