Book Review of Catherine Barnard and Okeoghene Odudu, the Outer Limits of European Union Law - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Book Review of Catherine Barnard and Okeoghene Odudu, the Outer Limits of European Union Law write by Christina Eckes. This book was released on 2012. Book Review of Catherine Barnard and Okeoghene Odudu, the Outer Limits of European Union Law available in PDF, EPUB and Kindle. The criticism of the perceived 'competence creep' of the European Union is not new. The book, The Outer Limits of European Union Law (comprising an introduction and 15 chapters) sheds some light on the validity of this criticism. It is persuasive in its claim that there are ultimate limits to the European Union's competence and reveals both the strengths and the weaknesses of these limits. The book addresses the limits of EU law from three angles. First, the book seeks to draw these limits in different policy areas (citizenship, police co-operation, free movement provisions, etc.). Secondly, it addresses broader questions of legitimacy and the nature of the integrated European legal order. Thirdly, it discusses specific mechanisms (Art.308 EC), principles (proportionality, subsidiarity, conferred powers) and techniques used by the European Courts, the institutions, and the Member States to extend or contain EU law.
The Outer Limits of European Union Law
The Outer Limits of European Union Law - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook The Outer Limits of European Union Law write by Catherine Barnard. This book was released on 2009-03-05. The Outer Limits of European Union Law available in PDF, EPUB and Kindle. A commonly expressed view is that the citizens and the Member States are destined to be overcome by the European Union. There is a sense that the Union of today is not what was intended to be created or acceded to by the Member States or its citizens. The Outer Limits of European Union Law brings together a diverse group of legal scholars to consider aspects of EU substantive, constitutional and procedural law in a manner highlighting the many senses in which the European Union is or can be limited and so demonstrating that the fear of being overcome is largely a false fear. By exploring the mechanisms and devices used to limit the European Union, the contributors also reveal not only the strengths of the various limits, but also and more crucially the weakness of the limits , thereby demonstrating that the prospect of being overcome may be a genuine risk to be guarded against. By considering general themes (eg legitimacy) and core subject areas (eg policing, free movement of goods, remedies) the book reveals the various techniques used by the Court of Justice, Community institutions and Member States to define and modify the outer limits of the European Union and European Union Law.
Research Handbook on Law and Courts
Research Handbook on Law and Courts - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Research Handbook on Law and Courts write by Susan M. Sterett. This book was released on 2019. Research Handbook on Law and Courts available in PDF, EPUB and Kindle. The Research Handbook on Law and Courts provides a systematic analysis of new work on courts as governing institutions. Authors consider how courts have taken on regulating fundamental categories of inclusion and exclusion, including citizenship rights. Courts’ centrality to governance is addressed in sections on judicial processes, sub-national courts, and political accountability, all analyzed in multiple legal/political systems. Other chapters turn to analyzing the worldwide push for diversity in staffing courts. Finally, the digitization of records changes both court processes and studying courts. Authors included in the Handbook discuss theoretical, empirical and methodological approaches to studying courts as governing institutions. They also identify promising areas of future research.
Constructing the Powers of International Institutions
Constructing the Powers of International Institutions - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Constructing the Powers of International Institutions write by Viljam Engström. This book was released on 2012-05-16. Constructing the Powers of International Institutions available in PDF, EPUB and Kindle. The book illustrates the function of legal doctrines in a discourse on the extent of powers of international institutions, and questions whether a move to a constitutional vocabulary can transcend the dichotomy at the heart of diverging constructions of powers.
Deference in International Courts and Tribunals
Deference in International Courts and Tribunals - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Deference in International Courts and Tribunals write by Lukasz Gruszczynski. This book was released on 2014-10-09. Deference in International Courts and Tribunals available in PDF, EPUB and Kindle. International courts and tribunals are often asked to review decisions originally made by domestic decision-makers. This can often be a source of tension, as the international courts and tribunals need to judge how far to defer to the original decisions of the national bodies. As international courts and tribunals have proliferated, different courts have applied differing levels of deference to those originial decisions, which can lead to a fragmentation in international law. International courts in such positions rely on two key doctrines: the standard of review and the margin of appreciation. The standard of review establishes the extent to which national decisions relating to factual, legal, or political issues arising in the case are re-examined in the international court. The margin of appreciation is the extent to which national legislative, executive, and judicial decision-makers are allowed to reflect diversity in their interpretation of human rights obligations. The book begins by providing an overview of the margin of appreciation and standard of review, recognising that while the margin of appreciation explicitly acknowledges the existence of such deference, the standard of review does not: it is rather a procedural mechanism. It looks in-depth at how the public policy exception has been assessed by the European Court of Justice and the WTO dispute settlement bodies. It examines how the European Court of Human Rights has taken an evidence-based approach towards the margin of appreciation, as well as how it has addressed issues of hate speech. The Inter-American system is also investigated, and it is established how far deference is possible within that legal organisation. Finally, the book studies how a range of other international courts, such as the International Criminal Court, and the Law of the Sea Tribunal, have approached these two core doctrines.
