Rethinking The Role Of National Courts In European Integration
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Rethinking The Role Of National Courts In European Integration A Political Study Of British Judicial Discretion
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Author : Jonathan Golub
language : fr
Publisher:
Release Date : 1994
Rethinking The Role Of National Courts In European Integration A Political Study Of British Judicial Discretion written by Jonathan Golub and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1994 with categories.
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.
Rethinking The Role Of National Courts In European Integration
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Author : Jonathan Golub
language : en
Publisher:
Release Date : 1994
Rethinking The Role Of National Courts In European Integration written by Jonathan Golub and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1994 with Constitutional law categories.
Great Judgments Of The European Court Of Justice
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Author : William Phelan
language : en
Publisher: Cambridge University Press
Release Date : 2019-06-13
Great Judgments Of The European Court Of Justice written by William Phelan and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-06-13 with Law categories.
Presents a new approach to prominent judgments of the European Court of Justice drawing on the writings of Judge Robert Lecourt.
The European Court S Political Power
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Author : Karen Alter
language : en
Publisher: OUP Oxford
Release Date : 2010-06-17
The European Court S Political Power written by Karen Alter and has been published by OUP Oxford this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-06-17 with Language Arts & Disciplines 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 and current 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, with the 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 that the 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.
Shifting Centres Of Gravity In Human Rights Protection
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Author : Oddný Mjöll Arnardóttir
language : en
Publisher: Routledge
Release Date : 2016-02-26
Shifting Centres Of Gravity In Human Rights Protection written by Oddný Mjöll Arnardóttir and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-02-26 with Law categories.
This book brings together researchers from the fields of international human rights law, EU law and constitutional law to reflect on the tug-of-war over the positioning of the centre of gravity of human rights protection in Europe. It addresses both the position of the Convention system vis-à-vis the Contracting States, and its positioning with respect to fundamental rights protection in the European Union. The first part of the book focuses on interactions in this triangle from an institutional and constitutional point of view and reflects on how the key actors are trying to define their relationship with one another in a never-ending process. Having thus set the scene, the second part takes a critical look at the tools that have been developed at European level for navigating these complex relationships, in order to identify whether they are capable of responding effectively to the complexities of emerging realities in the triangular relationship between the EHCR, EU law and national law. Chapter 10 of this book is freely available as a downloadable Open Access PDF at http://www.taylorfrancis.com under a Creative Commons Attribution-Non Commercial-No Derivatives (CC-BY-NC-ND) 3.0 license.
Rethinking Nordic Courts
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Author : Laura Ervo
language : en
Publisher: Springer Nature
Release Date : 2021-08-01
Rethinking Nordic Courts written by Laura Ervo and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-08-01 with Law categories.
This open access book examines whether a distinctly Nordic procedural or court culture exists and what the hallmarks of that culture are. Do Nordic courts and court proceedings share a distinct set of ideas and values that in combination constitute the core of a regional legal culture? How do Europeanisation, privatisation, diversification and digitisation influence courts and court proceedings in the Nordic countries? The book traces the genesis and formation of Nordic courts and justice systems to provide a richer comprehension of contemporary Nordic legal culture, and an understanding of the relationship between legal cultural stability and change. In answering these questions, the book provides models for conceptualising procedural culture. Nordic procedural culture has partly developed organically and is partly also the product of deliberate efforts to maintain a certain level of alignment between the Nordic countries. Studying Nordic cooperation enables us to gain a deeper understanding of current regional, European and global harmonisation processes within procedural law. The influx of supranational European law, increased use of alternative dispute resolution and growth in regulation density that produces a conflict between specialisation and coherence, have tangible impact on the role of courts in a democratic society, the form of court proceedings and court structures. This book examines whether and why some trends exert more tangible, or perhaps simply more perceptible, influence on procedural culture than others.
National Courts And Eu Law
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Author : Bruno de Witte
language : en
Publisher: Edward Elgar Publishing
Release Date : 2016-06-24
National Courts And Eu Law 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 2016-06-24 with Law categories.
National Courts and EU Law examines both how and why national courts and judges are involved in the process of legal integration within the European Union. As well as reviewing conventional thinking, the book presents new legal and empirical insights into the issue of judicial behaviour in this process. The expert contributors provide a critical analysis of the key questions, examining the role of national courts in relation to the application of various EU legal instruments.
Preventive Justice
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Author : Andrew Ashworth
language : en
Publisher: OUP Oxford
Release Date : 2014-03-27
Preventive Justice written by Andrew Ashworth and has been published by OUP Oxford this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-03-27 with Law categories.
This book arises from a three-year study of Preventive Justice directed by Professor Andrew Ashworth and Professor Lucia Zedner at the University of Oxford. The study seeks to develop an account of the principles and values that should guide and limit the state's use of preventive techniques that involve coercion against the individual. States today are increasingly using criminal law or criminal law-like tools to try to prevent or reduce the risk of anticipated future harm. Such measures include criminalizing conduct at an early stage in order to allow authorities to intervene; incapacitating suspected future wrongdoers; and imposing extended sentences or indefinate on past wrongdoers on the basis of their predicted future conduct - all in the name of public protection and security. The chief justification for the state's use of coercion is protecting the public from harm. Although the rationales and justifications of state punishment have been explored extensively, the scope, limits and principles of preventive justice have attracted little doctrinal or conceptual analysis. This book re-assesses the foundations for the range of coercive measures that states now take in the name of prevention and public protection, focussing particularly on coercive measures involving deprivation of liberty. It examines whether these measures are justified, whether they distort the proper boundaries between criminal and civil law, or whether they signal a larger change in the architecture of security. In so doing, it sets out to establish a framework for what we call 'Preventive Justice'.
Rethinking The Union Of Europe Post Crisis
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Author : Giandomenico Majone
language : en
Publisher: Cambridge University Press
Release Date : 2014-04-24
Rethinking The Union Of Europe Post Crisis written by Giandomenico Majone and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-04-24 with Business & Economics categories.
Provocative and timely examination of European integration and the specific methods that lead to a hazardous monetary union. Includes a deeper investigation of the specific crisis of monetary integration and argues how integration might be more effectively achieved with inter-jurisdictional competition.