Download or read book On Law and Policy in the European Court of Justice written by H Rasmussen and published by Martinus Nijhoff Publishers. This book was released on 1986-06 with total page 581 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Integration through Law Revisited written by Dr Daniel Augenstein and published by Ashgate Publishing, Ltd.. This book was released on 2013-02-28 with total page 221 pages. Available in PDF, EPUB and Kindle. Book excerpt: Over the last twenty years, processes of pluralization, differentiation and trans-nationalization in the European Union have arguably challenged the centrality of law to European integration. Yet these developments also present opportunities to investigate new understandings of law triggered by European integration. The contributors to this book revisit one of the first academic projects to conceptualise and study European legal integration - the early 'Integration through Law' School. On this basis, they consider continuities and discontinuities in the underlying social and political landscape which the law is to integrate (the 'object' of integration), the forms and capacities of the law itself (the 'agent' of integration), and the way these two dimensions reflect on each other. Displaying different normative concerns and varied theoretical starting points, all contributors maintain that 'integration through law' remains of enduring significance to the European integration process. The volume provides a valuable reference for scholars in the field of European integration studies and European legal and political theory.

Download or read book A Political Legal and Economic Overview written by Mauro Cappelletti and published by Walter de Gruyter. This book was released on 2013-08-26 with total page 708 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book The Oxford Handbook of Law and Politics written by Keith E. Whittington and published by OUP Oxford. This book was released on 2010-06-11 with total page 828 pages. Available in PDF, EPUB and Kindle. Book excerpt: The study of law and politics is one of the foundation stones of the discipline of political science, and it has been one of the most productive areas of cross-fertilization between the various subfields of political science and between political science and other cognate disciplines. This Handbook provides a comprehensive survey of the field of law and politics in all its diversity, ranging from such traditional subjects as theories of jurisprudence, constitutionalism, judicial politics and law-and-society to such re-emerging subjects as comparative judicial politics, international law, and democratization. The Oxford Handbook of Law and Politics gathers together leading scholars in the field to assess key literatures shaping the discipline today and to help set the direction of research in the decade ahead.

Download or read book The Jurisprudence of Constitutional Conflict in the European Union written by Ana Bobić and published by Oxford University Press. This book was released on 2022-05-12 with total page 268 pages. Available in PDF, EPUB and Kindle. Book excerpt: A comparative and comprehensive account of the jurisprudence of constitutional conflict between the Court of Justice and national courts with the power of constitutional review. This monograph addresses the incidences of, and reasons for, constitutional clashes in the application and enforcement of EU law. It aims to determine how the principle of primacy of EU law works in reality and whether the jurisprudence of the courts under analysis supports this concept. To this end, the book explores the three areas of constitutional conflict: ultra vires review, identity review, and fundamental rights review. The book substantiates the descriptive and strengthens the normative contributions of the theory of constitutional pluralism in relation to the web of relations in the European judicial space. By examining the influence that the jurisprudence of constitutional conflict has on the balance of powers between the Court of Justice and constitutional courts, the volume develops the judicial triangle as an analytical tool that depicts the consequences for the horizontal (constitutional courts vis-à-vis the Court of Justice) and vertical judicial relationships (Court of Justice vis-à-vis ordinary national courts; constitutional courts vis-à-vis ordinary national courts). By offering a thorough compilation of the jurisprudence of constitutional conflict in the EU, The Jurisprudence of Constitutional Conflict in the European Union improves our understanding of the principle of primacy of EU law and its limits, as well as reinforces the theory of constitutional pluralism in explaining and guiding judicial power relations and interactions in the EU.

Download or read book Legal Symbolism written by Professor Jiří Přibáň and published by Ashgate Publishing, Ltd.. This book was released on 2013-01-28 with total page 392 pages. Available in PDF, EPUB and Kindle. Book excerpt: Jirí Pribán's book contributes to the field of systems theory of law in the context of European legal and political integration and constitution-making. It puts recent European legislative efforts and policies, especially the EU enlargement process, in the context of legal theory and philosophy. Furthermore, the author shows that the system of positive law has a symbolic meaning, reflecting how it also contributes to the semantics of political identity, democratic power and moral values, as well as the complex relations between law, politics and morality.

Download or read book Law and Democracy in Neil MacCormick s Legal and Political Theory written by Agustín José Menéndez and published by Springer Science & Business Media. This book was released on 2011-03-29 with total page 301 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume offers a collection of articles by leading legal and political theorists. Originally intended as a celebration of MacCormick’s work on the occasion of the completion of the four-volume series on Law, State and Practical Reason, it has turned into a homage and salute after MacCormick’s passing. Cast in MacCormick’s reflexive spirit, the book presents a critical reconstruction of the Scottish philosopher’s work, with the aim of revealing the connections between law and democracy in his writings and furthering his insights in each specific field. Neil MacCormick made outstanding contributions to the understanding of law and democracy under conditions of pluralism. His institutional theory of law has elucidated the close connection between the normative character of law as a means of social integration and legal social practices. This has produced a synthesis of the key insights of the legal and political theories of Kelsen, Hart, Alexy and Dworkin, and has broken new ground by undermining the ‘monolithic’ and ‘nation-state’ centered character of standard legal theories.

Download or read book Research Handbook on the Politics of EU Law written by Paul James Cardwell and published by Edward Elgar Publishing. This book was released on 2020-07-31 with total page 421 pages. Available in PDF, EPUB and Kindle. Book excerpt: Offering a wealth of thought-provoking insights, this topical Research Handbook analyses the interplay between the law and politics of the EU and examines the role of law and legal actors in European integration.

Download or read book The SAGE Handbook of European Union Politics written by Knud Erik Jørgensen and published by SAGE. This book was released on 2007-01-03 with total page 613 pages. Available in PDF, EPUB and Kindle. Book excerpt: ′This volume is one to which anyone trying to make sense of the EU of the early 21st century will return again and again. A terrific line-up that combines diverse talents from North America and Europe. Few books of this kind could live up to the billing ′definitive benchmark′, but this one certainly does′ - John Peterson, University of Edinburgh ′A most useful book that can be highly recommended. A strong analytical framework coupled with unparalleled coverage of the major issues of the political science research of the EU makes this volume a formidable tool for teaching and a significant input to new scholarly research. It is both relatively sophisticated and very accessible to graduate students and advanced researchers. The clear writing style and the richness of information presented will certainly make this book interesting for non-academic readers′ - Igor Vidacak, Institute for International Relations, Zagreb - Journal of Common Market Studies ′An admirably comprehensive source book for those interested in how the tools of political science inspire EU area studies. The editors enlist leading researchers to synthesize the state of the art in their field of expertise. The Handbook of European Union Politics will be an indispensable intellectual resource for researchers, teachers, and graduate students of the European Union′ - Liesbet Hooghe, University of North Carolina at Chapel Hill, USA ′Presents an excellent overview of political science research on the EU. It finds the right balance between establishing the state of the art and pointing the reader to theoretical diversity. Highly recommended for advanced students and scholars looking for quick and solid orientation in a fragmented field - and for new ideas for research′ - Frank Schimmelfennig, ETH Zurich, Switzerland ′This is a milestone in the study of EU politics. The authors include the most knowledgeable practitioners in the field, and collectively they provide a comprehensive and highly competent overview of the state of theory and research on EU institutions, politics and policies′ - Fritz Scharpf, Max Planck Institute for the Study of Societies, Germany The European Union (EU) poses quite profound questions for scholars and students of the social and political sciences. This benchmark handbook is designed to: - provide an authoritative state-of-the art guide to the scope of the field suitable for both established scholars and students of the EU - reflect and contribute to the debates about the nature of the field of EU studies and EU politics in particular - explore in detail the development of the many approaches to the study of EU politics. Divided into four sections, the Handbook focuses on theorizing European integration; the EU as polity; politics and policy making in the EU; and the EU and the international system. Its appeal will reside not only in its comprehensive and authoritative coverage of the field, but also in the quality of its contributors, and the diversity of theoretical and methodological approaches included. The resulting volume is a ′must have′ for all scholars and advanced students of the EU and European integration.

Download or read book Political Theory of Global Justice written by Luis Cabrera and published by Taylor & Francis. This book was released on 2006-02-03 with total page 236 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers a moral argument for world government, claiming that not only do we have strong obligations to people elsewhere, but that accountable integration among nation-states will help ensure all persons can lead a decent life.

Download or read book Law as Politics written by David Dyzenhaus and published by Duke University Press. This book was released on 1998 with total page 340 pages. Available in PDF, EPUB and Kindle. Book excerpt: Articles previously published in the Canadian journal of law and jurisprudence.

Download or read book The Internationalisation of Antitrust Policy written by Maher M. Dabbah and published by Cambridge University Press. This book was released on 2003-10-30 with total page 350 pages. Available in PDF, EPUB and Kindle. Book excerpt: The internationalisation of antitrust policy is a topic of great contemporary significance and debate. Dr Dabbah provides an inquiry that is at once clearly stated, original and empirical, setting out the relevant issues in the context of law, economics and politics. He draws on the decisional practice of antitrust authorities, actions and statements of political bodies, as well as the decisions of law courts. Providing a detailed examination of the experiences of the European Community and the United States, Dr Dabbah includes a comprehensive examination of central concepts and ideas related to antitrust law and practice. The book concludes by looking forward to potential developments in the landscape and suggests an approach to the internationalisation of antitrust policy. This will be of interest to antitrust officials, as well as international organisations, members of the business community, academics, researchers and policy-makers who are involved in antitrust law and policy.

Download or read book Fair Balance Proportionality Subsidiarity and Primarity in the European Convention on Human Rights written by Jonas Christoffersen and published by BRILL. This book was released on 2009-06-02 with total page 686 pages. Available in PDF, EPUB and Kindle. Book excerpt: In one of the most important publications on the European Convention and Court of Human Rights in recent years, a wide range of fundamental practical and theoretical problems of crucial importance are addressed in an original and critical way bringing a fresh, coherent and innovative order into well-known battle zones. The analysis revolves around the Court’s fair balance-test and comprises in-depth analyses of e.g. methods of interpretation, proportionality, the least onerous means-test, the notion of absolute rights, subsidiarity, formal and substantive principles, evidentiary standards, proceduralisation of substantive rights etc. The author coins the term of “primarity” in order to clarify the obligation of the Contracting Parties to implement the Convention in domestic law.

Download or read book An Ever More Powerful Court written by Dorte Sindbjerg Martinsen and published by . This book was released on 2015 with total page 273 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Court of Justice of the European Union (CJEU) has become famed - and often shamed - for its political power. In scholarly literature, this supranational court has been regarded as a 'master of integration' for its capacity to strengthen integration, sometimes against the will of member states. In the public debate, the CJEU has been severely criticized for extending EU competences at the expense of the member states. In An Ever More Powerful Court? The Political Constraints of Legal Integration in the European Union, Dorte Sindbjerg Martinsen challenges these views with her careful examination of how judicial-legislative interactions determine the scope and limits of European integration in the daily EU decision-making process. Methodologically, the book takes a step forward in the examination of judicial influence, suggesting a 'law attainment' approach as a novel method, combined with a large set of interviews with the current decision-makers of social Europe. Through a study of social policy developments from 1957 to 2014, as well as a critical analysis of three case studies - EU regulation of working time; patients' rights in cross-border healthcare; and EU posting of worker regulations - Martinsen reveals the dynamics behind legal and political integration and the CJEU's ability to foster political change for a European Union social policy.

Download or read book Revisiting Judicial Politics in the European Union written by Mark Dawson and published by Edward Elgar Publishing. This book was released on 2024-03-14 with total page 389 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Download or read book The Court of Justice of the European Union as an Institutional Actor written by Thomas Horsley and published by Cambridge University Press. This book was released on 2018-07-19 with total page 327 pages. Available in PDF, EPUB and Kindle. Book excerpt: The EU Treaties bind the Court of Justice of the European Union as an institution of the Union. But what does that mean for judicial lawmaking within the EU legal order? And how might any limits set out in the EU Treaties be effectively applied to the Court of Justice as lawmaker? This book interrogates these fundamental and underexplored questions at a critical juncture in European integration. It argues that the EU Treaties should be considered to function as the principal touchstones for assessing the internal constitutionality, and hence legitimacy, of all Union institutional activity - including the work of the Court. It then examines how far the Court of Justice complies with the EU Treaty framework in the exercise of its interpretative functions. The results of that analysis are striking and offer scholars powerful new insights into the nature and limits of the Court's role within the EU legal order.

Download or read book The Laval and Viking Cases written by Roger Blanpain and published by Kluwer Law International B.V.. This book was released on 2009-01-01 with total page 278 pages. Available in PDF, EPUB and Kindle. Book excerpt: in this book nineteen labour law scholars present country reports detailing challenges and consequences of the rulings evident in twelve EU Member States, as well as in Norway and Russia. Among many others, the salient issues covered include the following: cross-border solidarity among workers; collective action as a fundamental freedom; the prospects for an EU minimum wage plan; the 'social partners' approach to national labour law; the harmonisation of social security standards; and the scope of enforcement by Member State labour regulatory authorities.