Judicial Activism at the European Court of Justice

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Release : 2013-01-01
Genre : Law
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Book Rating : 408/5 ( reviews)

Judicial Activism at 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 Judicial Activism at the European Court of Justice write by Bruno de Witte. This book was released on 2013-01-01. Judicial Activism at the European Court of Justice available 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.

Judicial Activism

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Release : 2015-05-26
Genre : Law
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Book Rating : 497/5 ( reviews)

Judicial Activism - 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 Judicial Activism write by Luís Pereira Coutinho. This book was released on 2015-05-26. Judicial Activism available 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.

On Law and Policy in the European Court of Justice

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Release : 1986-06-24
Genre : Law
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Book Rating : 173/5 ( reviews)

On Law and Policy 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 On Law and Policy in the European Court of Justice write by Hjalte Rasmussen. This book was released on 1986-06-24. On Law and Policy in the European Court of Justice available in PDF, EPUB and Kindle.

On Law and Policy in the European Court of Justice

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Release : 1986-06
Genre : Business & Economics
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Book Rating : 969/5 ( reviews)

On Law and Policy 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 On Law and Policy in the European Court of Justice write by H Rasmussen. This book was released on 1986-06. On Law and Policy in the European Court of Justice available in PDF, EPUB and Kindle.

The Power of the European Court of Justice

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Release : 2014-06-11
Genre : Political Science
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Book Rating : 294/5 ( reviews)

The Power 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 Power of the European Court of Justice write by Susanne K. Schmidt. This book was released on 2014-06-11. The Power of the European Court of Justice available 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.