The Function Of Judicial Decision In European Economic Integration
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The Function Of Judicial Decision In European Economic Integration4eby Clarence J Mann
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Author : Clarence J. Mann
language : en
Publisher: BRILL
Release Date : 1972-07
The Function Of Judicial Decision In European Economic Integration4eby Clarence J Mann written by Clarence J. Mann and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 1972-07 with Law categories.
The present generation lives in a time of transition. The isolated national legal order, the supreme idea of 19th Century legal science, begins to be superseded by the evolution of a wider international and transnational net work of legal rules and conceptions. With the recognition of a fundamental guarantee of human rights as a binding ingredient of the framework of inter national law, the strict separation of the internal system of the states from the international community is transcended. To this extent, the rules of international law now exercise a direct influence upon the national legal order. In some conventional arrangements safeguarding human rights, the individual is given direct access to international protection against his own state. The piercing of national borders by transnational norms finds its strongest expression in the formation of regional communities of states which seek to develop a common fund of legal rules, concepts and principles among their members. The leading role in this direction lies with European organizations. In the Community formed by the signatories of the European Convention on Human Rights, the members accept for themselves a stan dard of legal guarantees for fundamental rights of the individual laid down in the Convention. The organs of the Convention, including the Court and foremost the Commission, fulfill their tasks by measuring the national laws of the member states against the basic requirements embodied in the Euro pean Convention.
The Function Of Judicial Decision In European Economic Integration
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Author : C.J. Mann
language : en
Publisher: Martinus Nijhoff Publishers
Release Date : 2024-09-02
The Function Of Judicial Decision In European Economic Integration written by C.J. Mann and has been published by Martinus Nijhoff Publishers this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-09-02 with Law categories.
The Legal Order Of The European Union
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Author : Timothy Moorhead
language : en
Publisher: Routledge
Release Date : 2014-05-30
The Legal Order Of The European Union written by Timothy Moorhead and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-05-30 with Law categories.
The objective of European integration serves as an ideal of the legal order of the European Union and invites reconsideration of law’s conceptual features. This book critically assesses the legal order of the European Union, focusing on the operative aspects of the Union constitution with particular reference to the institutional practices of the Court of Justice in expressing the values underlying this constitution. Drawing together positivist and non-positivist accounts within an institutional understanding of law, Timothy Moorhead breaks new ground in applying a range of analytic jurisprudential perspectives to the Union legal order, and in employing the theoretical resources provided by the Union to model a revised conceptual viewpoint concerning legal order generally. In offering this conceptual approach, Moorhead emphasises the flexibility inherent in law’s institutional character as the basis for a theoretical rationalisation of the Union legal order. This book will be of great use and interest to scholars and students of European Union Law, Jurisprudence and European Constitutionalism.
Resisting The European Court Of Justice
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Author : Bill Davies
language : en
Publisher: Cambridge University Press
Release Date : 2012-06-18
Resisting The European Court Of Justice written by Bill Davies 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 2012-06-18 with Law categories.
The European Union's (EU) powerful legal framework drives the process of European integration. The Court of Justice (ECJ) has established a uniquely effective supranational legal order, beyond the original wording of the Treaty of Rome and transforming our traditional understanding of international law. This work investigates how these fundamental transformations in the European legal system were received in one of the most important member states, Germany. On the one hand, Germany has been highly supportive of political and economic integration; yet on the other, a fundamental pillar of the post-war German identity was the integrity of its constitutional order. How did a state whose constitution was so essential to its self-understanding subscribe to the constitutional practice of EU law? How did a country who could not say 'no' to Europe become the member state most reluctant to accept the new power of the ECJ?
Reader S Guide To The Social Sciences
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Author : Jonathan Michie
language : en
Publisher: Routledge
Release Date : 2014-02-03
Reader S Guide To The Social Sciences written by Jonathan Michie and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-02-03 with Social Science categories.
This 2-volume work includes approximately 1,200 entries in A-Z order, critically reviewing the literature on specific topics from abortion to world systems theory. In addition, nine major entries cover each of the major disciplines (political economy; management and business; human geography; politics; sociology; law; psychology; organizational behavior) and the history and development of the social sciences in a broader sense.
On Law And Policy In The European Court Of Justice
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Author : H. Rasmussen
language : en
Publisher: Martinus Nijhoff Publishers
Release Date : 2024-02-26
On Law And Policy In The European Court Of Justice written by H. Rasmussen and has been published by Martinus Nijhoff Publishers this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-02-26 with Business & Economics categories.
Eu Law Stories
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Author : Fernanda Nicola
language : en
Publisher: Cambridge University Press
Release Date : 2017-05-29
Eu Law Stories written by Fernanda Nicola 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 2017-05-29 with Law categories.
This book retells the multiple stories behind the rulings of the European Court, revealing their context, their history and the legal and non-legal strategies of their actors.
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.
International Law And International Relations
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Author : Beth A. Simmons
language : en
Publisher: Cambridge University Press
Release Date : 2007-04-09
International Law And International Relations written by Beth A. Simmons 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 2007-04-09 with Political Science categories.
This 2007 volume is intended to help readers understand the relationship between international law and international relations (IL/IR). As a testament to this dynamic area of inquiry, new research on IL/IR is now being published in a growing list of traditional law reviews and disciplinary journals. The excerpted articles in this volume, all of which were first published in International Organization, represent some of the most important research since serious social science scholarship began in this area more than twenty five years ago. They are important milestones toward making IL/IR a central concern of scholarly research in international affairs. The contributions cover some of the main topics of international affairs to provide readers with a range of theoretical perspectives, concepts, and heuristics that can be used to analyze the relationship between international law and international relations.
International Institutions
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Author : Lisa L. Martin
language : en
Publisher: MIT Press
Release Date : 2001
International Institutions written by Lisa L. Martin and has been published by MIT Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2001 with Business & Economics categories.
A wide range of theoretical and empirical approaches to international institutions.