Civil Courts And The European Polity PDF Download
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Author | : Chantal Mak |
Publisher | : Bloomsbury Publishing |
Total Pages | : 291 |
Release | : 2023-07-13 |
Genre | : Law |
ISBN | : 150994169X |
Download Civil Courts and the European Polity Book in PDF, ePub and Kindle
The chapters collected in this book explore the place and role of judge-made private law in an emerging European polity. Examining case-law from the perspective of different theories and viewpoints, scholars and judges assess and reflect on the role of judges in civil cases for polity-building in Europe. The chapters thus present a kaleidoscopic view on the dynamics of private law adjudication against a European backdrop. The book aims to add a private legal perspective to existing discourses in European constitutional law on Europe's political constellation. It aspires to enrich two debates the first on the influence of fundamental rights in private legal relations, and the second on the constitutional dimension of European private law. The contributions are placed within a framework of five sub-categories or dimensions of judge-made European private law: politics of European private law adjudication, rights, remedies, representation and reflections of judges on specific cases.
Author | : Rachel A. Cichowski |
Publisher | : Cambridge University Press |
Total Pages | : 260 |
Release | : 2007-03-08 |
Genre | : Political Science |
ISBN | : 1139462350 |
Download The European Court and Civil Society Book in PDF, ePub and Kindle
The European Union today stands on the brink of radical institutional and constitutional change. The most recent enlargement and proposed legal reforms reflect a commitment to democracy: stabilizing political life for citizens governed by new regimes, and constructing a European Union more accountable to civil society. Despite the perceived novelty of these reforms, this book explains (through quantitative data and qualitative case analyses) how the European Court of Justice has developed and sustained a vibrant tradition of democratic constitutionalism since the 1960s. The book documents the dramatic consequences of this institutional change for civil society and public policy reform throughout Europe. Cichowski offers detailed empirical and historical studies of gender equality and environmental protection law across fifteen countries and over thirty years, revealing important linkages between civil society, courts and the construction of governance. The findings bring into question dominant understandings of legal integration.
Author | : Karen Alter |
Publisher | : Oxford University Press |
Total Pages | : 364 |
Release | : 2010-06-17 |
Genre | : Law |
ISBN | : 0199595143 |
Download The European Court's Political Power Book in PDF, ePub and Kindle
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.
Author | : Mary L. Volcansek |
Publisher | : Peter Lang Incorporated, International Academic Publishers |
Total Pages | : 348 |
Release | : 1986 |
Genre | : Law |
ISBN | : |
Download Judicial Politics in Europe Book in PDF, ePub and Kindle
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.
Author | : Walter Gerven |
Publisher | : Stanford University Press |
Total Pages | : 420 |
Release | : 2005 |
Genre | : Law |
ISBN | : 9780804750646 |
Download The European Union Book in PDF, ePub and Kindle
This book provides a general introduction to the European Union (EU) and describes how, from its origin in 1952, it has grown into a polity of 25 states with a population of more than 450 million.
Author | : Monika Florczak-Wątor |
Publisher | : Routledge |
Total Pages | : 249 |
Release | : 2020-05-07 |
Genre | : Law |
ISBN | : 1000062252 |
Download Judicial Law-Making in European Constitutional Courts Book in PDF, ePub and Kindle
This book analyses the specificity of the law-making activity of European constitutional courts. The main hypothesis is that currently constitutional courts are positive legislators whose position in the system of State organs needs to be redefined. The book covers the analysis of the law-making activity of four constitutional courts in Western countries: Germany, Italy, Spain, and France; and six constitutional courts in Central–East European countries: Poland, Hungary, the Czech Republic, Slovak Republic, Latvia, and Bulgaria; as well as two international courts: the European Court of Human Rights (ECtHR) and the Court of Justice of the European Union (CJEU). The work thus identifies the mutual interactions between national constitutional courts and international tribunals in terms of their law-making activity. The chosen countries include constitutional courts which have been recently captured by populist governments and subordinated to political powers. Therefore, one of the purposes of the book is to identify the change in the law-making activity of those courts and to compare it with the activity of constitutional courts from countries in which democracy is not viewed as being under threat. Written by national experts, each chapter addresses a series of set questions allowing accessible and meaningful comparison. The book will be a valuable resource for students, academics, and policy-makers working in the areas of constitutional law and politics.
Author | : Jonas Christoffersen |
Publisher | : Oxford University Press |
Total Pages | : 255 |
Release | : 2011-06-09 |
Genre | : Law |
ISBN | : 0199694494 |
Download The European Court of Human Rights Between Law and Politics Book in PDF, ePub and Kindle
Leading scholars and practitioners cast new light on the substantial jurisprudence and ongoing political reform of the European Court of Human Rights. The analysis in this edited collection traces the development of the supranational European human rights system and provides original insights into the challenges facing the Court.
Author | : Thijmen Koopmans |
Publisher | : Cambridge University Press |
Total Pages | : 332 |
Release | : 2003-09-04 |
Genre | : Juvenile Nonfiction |
ISBN | : 9780521533997 |
Download Courts and Political Institutions Book in PDF, ePub and Kindle
Considers the relation between law and politics, including human rights, federalism and equal protection.
Author | : Rachel A. Cichowski |
Publisher | : Cambridge University Press |
Total Pages | : 310 |
Release | : 2007-03-08 |
Genre | : Political Science |
ISBN | : 9780521671811 |
Download The European Court and Civil Society Book in PDF, ePub and Kindle
The European Union today stands on the brink of radical institutional and constitutional change. The most recent enlargement and proposed legal reforms reflect a commitment to democracy: stabilizing political life for citizens governed by new regimes, and constructing a European Union more accountable to civil society. Despite the perceived novelty of these reforms, this book explains (through quantitative data and qualitative case analyses) how the European Court of Justice has developed and sustained a vibrant tradition of democratic constitutionalism since the 1960s. The book documents the dramatic consequences of this institutional change for civil society and public policy reform throughout Europe. Cichowski offers detailed empirical and historical studies of gender equality and environmental protection law across fifteen countries and over thirty years, revealing important linkages between civil society, courts and the construction of governance. The findings bring into question dominant understandings of legal integration.
Author | : Bruno de Witte |
Publisher | : Edward Elgar Publishing |
Total Pages | : 288 |
Release | : 2016-06-24 |
Genre | : Law |
ISBN | : 1783479906 |
Download National Courts and EU Law Book in PDF, ePub and Kindle
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.