European Court of Justice Legal Reasoning in Context - 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 European Court of Justice Legal Reasoning in Context write by Suvi Sankari. This book was released on 2013. European Court of Justice Legal Reasoning in Context available in PDF, EPUB and Kindle. The task of the European Court of Justice is to ensure that the law is observed in interpreting and applying treaties. This duty is carried out in a transnational constitutional environment where interpretation and application are, to a large extent, divorced from each other. An array of approaches to assessing the Court's work already exists. The distinct underlying assumptions of each perspective affect how Court practice is interpreted and evaluated. In terms of legal interpretation, at the one extreme would be those who subscribe to a historical-originalist - or conserving - approach, and, at the other, those subscribing to an uncritically teleological or dynamic approach, premised on furthering integration. Neither extreme necessarily reflects, in either descriptive or normative terms, a fair or realistic understanding of the Court, its work, and the outcomes of legal interpretation. Even if, in reality, the differences were more a matter of degree, developing a better balanced approach is useful. The approach advocated in this book is called Court of Justice legal reasoning. The approach is critical towards offering generalizations concerning the Court's work based on purposively chosen case law, downplaying the role of law in not only facilitating but also restraining the Court's choices, and overemphasizing teleology or integration as pre-designated and permanent explanatory factors of legal evolution. The Court of Justice legal reasoning approach is firmly anchored to actual case law analysis, instead of abstract legal theory, which ensures it does not become wholly disconnected from the everyday of courts. Moreover, the approach takes into account how the Court keeps applying its relatively conventional self-assumed criteria of legal interpretation, considers interpretations offered in preliminary rulings in their systemic and factual context, and generally views the Court as the constitutional court of a legal order. Finally, the approach builds on sincerely listening to the Court: considering the meaning of silences in reasoning, ways of restrictive interpretation, and the distinction between singular cases and lines of cases in defining the degree of universality of interpretations included in them.
The Legal Reasoning of the European Court of Justice
The Legal Reasoning of the European Court of Justice - 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 Legal Reasoning of the European Court of Justice write by Joxerramon Bengoetxea. This book was released on 1993. The Legal Reasoning of the European Court of Justice available in PDF, EPUB and Kindle. Can a jurisprudential approach help lawyers and legal philosophers to understand the sources, organization, and main features of European Community (EC) law? How does the European Court of Justice interpret EC law and justify its decisions? This study examines these questions and related issues--analyzing EC law and the decision-making process of the European Court of Justice from a legal theoretical perspective. The justification of legal decisions is a crucial issue in legal and political theory, with courts achieving legitimation through their practice of justification. This study also assesses the justificatory practice of the European Court of Justice and how its jurisprudential approach contributes to an understanding of European integration.
The Limits of Legal Reasoning and the European Court of Justice
The Limits of Legal Reasoning and the European Court of Justice - 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 Limits of Legal Reasoning and the European Court of Justice write by Gerard Conway. This book was released on 2012-01-12. The Limits of Legal Reasoning and the European Court of Justice available in PDF, EPUB and Kindle. The European Court of Justice is widely acknowledged to have played a fundamental role in developing the constitutional law of the EU, having been the first to establish such key doctrines as direct effect, supremacy and parallelism in external relations. Traditionally, EU scholarship has praised the role of the ECJ, with more critical perspectives being given little voice in mainstream EU studies. From the standpoint of legal reasoning, Gerard Conway offers the first sustained critical assessment of how the ECJ engages in its function and offers a new argument as to how it should engage in legal reasoning. He also explains how different approaches to legal reasoning can fundamentally change the outcome of case law and how the constitutional values of the EU justify a different approach to the dominant method of the ECJ.
Precedents and Case-Based Reasoning in the European Court of Justice
Precedents and Case-Based Reasoning in the European Court of Justice - 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 Precedents and Case-Based Reasoning in the European Court of Justice write by Marc Jacob. This book was released on 2014-03-20. Precedents and Case-Based Reasoning in the European Court of Justice available in PDF, EPUB and Kindle. Marc Jacob analyses in depth the most important justificatory and decision-making tool of one of the world's most powerful courts.
Operating Law in a Global Context
Operating Law in a Global Context - 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 Operating Law in a Global Context write by Jean-Sylvestre Bergé. This book was released on 2017-06-30. Operating Law in a Global Context available in PDF, EPUB and Kindle. Lawyers have to adapt their reasoning to the increasingly global nature of the situations they deal with. Often, rules formulated in a national, international or European environment must all be jointly applied to a given case. This book maps the analysis lawyers require when confronted by the operation of several laws in different contexts, and demonstrates how this enhances legal reasoning.
