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Judicial Politics In Europe


Judicial Politics In Europe
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Judicial Politics In Europe


Judicial Politics In Europe
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Author : Mary L. Volcansek
language : en
Publisher: Peter Lang Incorporated, International Academic Publishers
Release Date : 1986

Judicial Politics In Europe written by Mary L. Volcansek and has been published by Peter Lang Incorporated, International Academic Publishers this book supported file pdf, txt, epub, kindle and other format this book has been release on 1986 with Law categories.


Judicial Politics in Europe traces relations between each of the Member State judiciaries of nine countries of the European Community with the European Court of Justice, centering on the legal issue of preliminary rulings. The purpose of this exploration is to describe in a political-economic context the changes in these relationships over the period from 1961 to 1981 and to explain the causes and conditions of compliance or defiance of Community norms within the national judiciaries. This book is the first attempt to consider the impact of judicial norms cross-culturally.



Revisiting Judicial Politics In The European Union


Revisiting Judicial Politics In The European Union
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Author : Mark Dawson
language : en
Publisher: Edward Elgar Publishing
Release Date : 2024-03-14

Revisiting Judicial Politics In The European Union written by Mark Dawson and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-03-14 with Law categories.


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.



Judicial Politics And Policy Making In Western Europe


Judicial Politics And Policy Making In Western Europe
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Author : Mary L. Volcansek
language : en
Publisher: Routledge
Release Date : 2014-04-08

Judicial Politics And Policy Making In Western Europe written by Mary L. Volcansek and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-04-08 with Political Science categories.


Focusing on the intersection of politics and law in six western European countries and in two supra-national bodies, the contributors here aim to debunk the myth that judges are merely "la bouche de la loi" and analyze similiarities in policy-making of the judiciaries from one nation to the next.



The Power Of The European Court Of Justice


The Power Of The European Court Of Justice
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Author : Susanne K. Schmidt
language : en
Publisher: Routledge
Release Date : 2014-06-11

The Power Of The European Court Of Justice written by Susanne K. Schmidt and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-06-11 with Political Science categories.


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.



Precedents And Judicial Politics In Eu Immigration Law


Precedents And Judicial Politics In Eu Immigration Law
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Author : Marie De Somer
language : en
Publisher: Springer
Release Date : 2018-07-27

Precedents And Judicial Politics In Eu Immigration Law written by Marie De Somer and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-07-27 with Political Science categories.


This study explores the use of precedents in the case law of the Court of Justice of the European Union (CJEU). It argues that a strategic use of precedent-based discourses aids the Court in developing its jurisprudence autonomously; that is, independent of the political preferences of EU member states. The study is based on a long-term assessment of CJEU case law in the politically sensitive area of immigration law. It traces the Court’s rulings in this area from the 1970s up until the most recent period. The study identifies a series of consistent discursive patterns that slowly, but surely, moved EU immigration law beyond what member states had intended. The work takes an interdisciplinary approach, engaging with both political science and legal discussions on the Court of Justice and its role in processes of European integration.



Eu Treaties And The Judicial Politics Of National Courts


Eu Treaties And The Judicial Politics Of National Courts
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Author : Pablo José Castillo Ortiz
language : en
Publisher: Routledge
Release Date : 2015-08-11

Eu Treaties And The Judicial Politics Of National Courts written by Pablo José Castillo Ortiz and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-08-11 with Political Science categories.


Cases such as the Maastricht ruling by the German Federal Constitutional Court or the 'Crotty; decision by the Irish Supreme Court have gone down in the history of European integration as outstanding examples of intervention by judicial actors in important political processes. In this book, Dr. Castillo Ortiz makes for the first time a comprehensive analysis of all such rulings by national higher courts on European Union treaties issued during their processes of ratification. Using an interdisciplinary Law and Politics approach and a sophisticated methodological strategy, the book describes the political dynamics underlying some of the most relevant judicial episodes in the process of European Integration during the last decades: litigation strategies by Europhile and Eurosceptic actors, relations between the judiciary and the other branches of government, and clashes of power between national courts and the European Court of Justice of the European Union. By offering empirical evidence and by relying on scientific rigor, the book seeks to provide both experts and the general public an accessible account of one of the most salient but least studied aspects of current European law and politics.



The European Court Of Human Rights Between Law And Politics


The European Court Of Human Rights Between Law And Politics
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Author : Jonas Christoffersen
language : en
Publisher: OUP Oxford
Release Date : 2011-06-09

The European Court Of Human Rights Between Law And Politics written by Jonas Christoffersen and has been published by OUP Oxford this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-06-09 with Law categories.


The European Court of Human Rights between Law and Politics provides a comprehensive analysis of the origins and development of one of the most striking supranational judicial institutions. The book brings together leading scholars and practitioners to cast new light on the substantial jurisprudence and ongoing political reform of the Court. The broad analysis based on historical, legal, and social science perspectives provides new insights into the institutional crisis of the Court and identifies the lessons that can be learned for the future of the European Convention on Human Rights and Fundamental Freedoms. The European Court of Human Rights is in many ways is an unparalleled success. The Court embarked, during the 1970s, upon the development of a progressive and genuinely European jurisprudence. In the post-Cold War era, it went from being the guarantor of human rights solely in Western Europe to becoming increasingly involved in the transition to democracy and the rule of law in Eastern Europe. Now the protector of the human rights of some 800 million Europeans from 47 different countries, the European system is once again deeply challenged - this time by a massive case load and by the Member States' increased reluctance towards the Court. This book paves the way for a better understanding of the system and hence a better basis for choosing the direction of the next stage of development.



Judicial Politics And Policy Making In Western Europe


Judicial Politics And Policy Making In Western Europe
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Author : Mary L. Volcansek
language : en
Publisher:
Release Date : 1992

Judicial Politics And Policy Making In Western Europe written by Mary L. Volcansek and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1992 with Judicial process categories.




Judicial Activism At The European Court Of Justice


Judicial Activism At The European Court Of Justice
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Author : Bruno de Witte
language : en
Publisher: Edward Elgar Publishing
Release Date : 2013-01-01

Judicial Activism At The European Court Of Justice written by Bruno de Witte and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-01-01 with Law categories.


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.



The European Court S Political Power


The European Court S Political Power
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Author : Karen Alter
language : en
Publisher: Oxford University Press
Release Date : 2010-06-17

The European Court S Political Power written by Karen Alter and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-06-17 with Law categories.


Karen Alter's work on the European Court of Justice heralded a new level of sophistication in the political analysis of the controversial institution, through its combination of legal understanding and active engagement with theoretical questions. The European Court's Political Power assembles the most important of Alter's articles written over a fourteen year span, adding an original new introduction and a conclusion that takes an overview of the Court's development andcurrent concerns.Together the articles provide insight into the historical and political contours of the ECJ's influence on European politics, explaining how and why the impact of an institution can vary so greatly over time and access different issues. The book starts with the European Coal and Steel Community, where the ECJ was largely unable to facilitate greater member state respect for ECSC rules. Alter then shows how legal actors orchestrated an activist transformation of the European legal system, withthe critical aid of jurist advocacy movements, and via the co-optation of national courts. The transformation of the European legal system wrested control from member states over the meaning of European law, but the ECJ continues to have varying influence across different issues. Alter explains thatthe differing influence of the ECJ comes from the varied extent to which sub- and supra-national actors turn to it to achieve political objectives.Looking beyond the European experience, the book includes four chapters that put the ECJ into a comparative perspective, examining the extent to which the ECJ experience is a unique harbinger of the future role international courts may play in international and comparative politics.