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.
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 A. Jacob. This book was released on 2014-05-14. 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.
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. Past cases are the European Court of Justice's most prominent tool in making and justifying the rulings and decisions which affect the everyday lives of more than half a billion people. Marc Jacob's detailed analysis of the use of precedents and case-based reasoning in the Court uses methods such as doctrinal scholarship, empirical research, institutional analysis, comparative law and legal theory in order to unravel and critique the how and why of the Court's precedent technique. In doing so, he moves the wider debate beyond received 'common law' versus 'civil law' figments and 'Eurosceptic' versus 'Euromantic' battle lines, and also provides a useful blueprint for assessing and comparing the case law practices of other dispute resolution bodies.
Constitutional Law and Precedent
Constitutional Law and Precedent - 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 Constitutional Law and Precedent write by Monika Florczak-Wątor. This book was released on 2022-03-30. Constitutional Law and Precedent available in PDF, EPUB and Kindle. This collection examines case-based reasoning in constitutional adjudication; that is, how courts decide on constitutional cases by referring to their own prior case law and the case law of other national, foreign, and international courts. Argumentation based on judicial authority is now fundamental to the resolution of constitutional disputes. At the same time, it is the most common form of reasoning used by courts. This volume shows not only the strengths and weaknesses of such argumentation, but also its serious methodological shortcomings. The book is comparative in nature, with individual chapters examining similar problems that different courts have resolved in different ways. The research covers three types of courts; namely the civil law constitutional courts of Germany, Italy, Poland, Lithuania, and Hungary; the common law supreme courts of the United States, Canada, and Australia; and the European international courts represented by the European Court of Human Rights and the Court of Justice of the European Union. The authors are distinguished scholars from various countries who specialise in constitutional justice issues. This book will be of interest to legal theorists and practitioners, and will be especially insightful for constitutional court judges. The Open Access version of this book, available at www.taylorfrancis.com, has been made available under a Creative Commons Attribution-Non Commercial-No Derivatives 4.0 license.
The Legal Reasoning of the Court of Justice of the EU
The Legal Reasoning of the Court of Justice of the EU - 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 Court of Justice of the EU write by Gunnar Beck. This book was released on 2013-01-21. The Legal Reasoning of the Court of Justice of the EU available in PDF, EPUB and Kindle. The Court of Justice of the European Union has often been characterised both as a motor of integration and a judicial law-maker. To what extent is this a fair description of the Court's jurisprudence over more than half a century? The book is divided into two parts. Part one develops a new heuristic theory of legal reasoning which argues that legal uncertainty is a pervasive and inescapable feature of primary legal material and judicial reasoning alike, which has its origin in a combination of linguistic vagueness, value pluralism and rule instability associated with precedent. Part two examines the jurisprudence of the Court of Justice of the EU against this theoretical framework. The author demonstrates that the ECJ's interpretative reasoning is best understood in terms of a tripartite approach whereby the Court justifies its decisions in terms of the cumulative weight of purposive, systemic and literal arguments. That approach is more in line with orthodox legal reasoning in other legal systems than is commonly acknowledged and differs from the approach of other higher, especially constitutional courts, more in degree than in kind. It nevertheless leaves the Court considerable discretion in determining the relative weight and ranking of the various interpretative criteria from one case to another. The Court's exercise of its discretion is best understood in terms of the constraints imposed by the accepted justificatory discourse and certain extra-legal steadying factors of legal reasoning, which include a range of political factors such as sensitivity to Member States' interests, political fashion and deference to the 'EU legislator'. In conclusion, the Court of Justice of the EU has used the flexibility inherent in its interpretative approach and the choice it usually enjoys in determining the relative weight and order of the interpretative criteria at its disposal, to resolve legal uncertainty in the EU primary legal materials in a broadly communautaire fashion subject, however, to i) regard to the political, constitutional and budgetary sensitivities of Member States, ii) depending on the constraints and extent of interpretative manoeuvre afforded by the degree of linguistic vagueness of the provisions in question, the relative status of and degree of potential conflict between the applicable norms, and the range and clarity of the interpretative topoi available to resolve first-order legal uncertainty, and, finally, iii) bearing in mind the largely unpredictable personal element in all adjudication. Only in exceptional cases which the Court perceives to go to the heart of the integration process and threaten its acquis communautaire, is the Court of Justice likely not to feel constrained by either the wording of the norms in issue or by the ordinary conventions of interpretative argumentation, and to adopt a strongly communautaire position, if need be in disregard of what the written laws says but subject to the proviso that the Court is assured of the express or tacit approval or acquiescence of national governments and courts.
