Legal Reasoning Judicial Interpretation Of The European Law PDF Download
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Author | : Angus I. L. Campbell |
Publisher | : |
Total Pages | : |
Release | : 1996 |
Genre | : |
ISBN | : |
Download Legal Reasoning & Judicial Interpretation of the European Law Book in PDF, ePub and Kindle
Author | : María Elósegui |
Publisher | : Springer |
Total Pages | : 237 |
Release | : 2017-04-08 |
Genre | : Law |
ISBN | : 3319535803 |
Download Racial Justice, Policies and Courts' Legal Reasoning in Europe Book in PDF, ePub and Kindle
This volume looks at how courts and the police handle racial discrimination in Europe. The chapters show that beyond legal technique, neither the legislators nor the judges escape from their own emotions when responding to racial discrimination. But, as the authors point out, emotions are not always negative. They can also help in a positive way in judicial interpretation. The study profiles five countries: Germany, UK, Estonia, Portugal and Spain. Each of these belong both to the European Union and to the Council of Europe. Coverage examines the responsibility of the public powers, more specifically of the legislative and judicial power, both of the police and of the judiciary, in persecuting racist behavior. In addition, the authors also consider the increase in racism in groups of citizens. The authors argue that racial justice is a proactive reinforcement of policies, practices, attitudes and actions that lead to equal access to opportunities for all. After reading this book, readers will gain a better understanding of the reasoning of legislators, police and judges when dealing with racial discrimination in Europe today.
Author | : Markku Kiikeri |
Publisher | : Springer Science & Business Media |
Total Pages | : 511 |
Release | : 2012-12-06 |
Genre | : Philosophy |
ISBN | : 9401009775 |
Download Comparative Legal Reasoning and European Law Book in PDF, ePub and Kindle
Comparative Legal Reasoning and European Law deals with the use of comparative law in European legal adjudication. It describes the different forms of the use of comparative law in legal reasoning, argumentation and justification in several national legal orders and in European level legal institutions. The book begins with an inquiry into the nature of comparative law as a legal source. After the description of the empirical study it ends to the general theory of European law and several hard cases of European law are examined. The book is intended for students and researchers in European law but it also contains aspects to be taken into account in the practical work in European legal orders and legal institutions by judges and legal practitioners.
Author | : Angus I. L. Campbell |
Publisher | : |
Total Pages | : 224 |
Release | : 1996 |
Genre | : EU-ret |
ISBN | : |
Download Legal Reasoning and Judicial Interpretation of European Law Book in PDF, ePub and Kindle
Author | : Gerard Conway |
Publisher | : Cambridge University Press |
Total Pages | : 347 |
Release | : 2012-01-12 |
Genre | : Law |
ISBN | : 1139504614 |
Download The Limits of Legal Reasoning and the European Court of Justice Book in PDF, ePub and Kindle
The European Court of Justice is widely acknowledged to have played a fundamental role in developing the constitutional law of the EU, having been the first to establish such key doctrines as direct effect, supremacy and parallelism in external relations. Traditionally, EU scholarship has praised the role of the ECJ, with more critical perspectives being given little voice in mainstream EU studies. From the standpoint of legal reasoning, Gerard Conway offers the first sustained critical assessment of how the ECJ engages in its function and offers a new argument as to how it should engage in legal reasoning. He also explains how different approaches to legal reasoning can fundamentally change the outcome of case law and how the constitutional values of the EU justify a different approach to the dominant method of the ECJ.
Author | : Elina Paunio |
Publisher | : Routledge |
Total Pages | : 234 |
Release | : 2020-06-30 |
Genre | : |
ISBN | : 9780367601218 |
Download Legal Certainty in Multilingual Eu Law Book in PDF, ePub and Kindle
Whilst firmly situated within the field of EU law, this book also employs theories developed in linguistics and translation studies to explore the uncertainty surrounding the meaning of multilingual EU law and the impact of multilingualism on judicial reasoning at the European Court of Justice. To reconceptualize legal certainty in EU law, the book
Author | : Mátyás Bencze |
Publisher | : Springer |
Total Pages | : 268 |
Release | : 2018-08-30 |
Genre | : Law |
ISBN | : 3319973169 |
Download How to Measure the Quality of Judicial Reasoning Book in PDF, ePub and Kindle
This edited volume examines the very essence of the function of judges, building upon developments in the quality of justice research throughout Europe. Distinguished authors address a gap in the literature by considering the standards that individual judgments should meet, presenting both academic and practical perspectives. Readers are invited to consider such questions as: What is expected from judicial reasoning? Is there a general concept of good quality with regard to judicial reasoning? Are there any attempts being made to measure the quality of judicial reasoning? The focus here is on judges meeting the highest standards possible in adjudication and how they may be held to account for the way they reason. The contributions examine theoretical questions surrounding the measurement of the quality of judicial reasoning, practices and legal systems across Europe, and judicial reasoning in various international courts. Six legal systems in Europe are featured: England and Wales, Finland, Italy, the Czech Republic, France and Hungary as well as three non-domestic levels of court jurisdictions, including the Court of Justice of the European Union (CJEU). The depth and breadth of subject matter presented in this volume ensure its relevance for many years to come. All those with an interest in benchmarking the quality of judicial reasoning, including judges themselves, academics, students and legal practitioners, can find something of value in this book.
Author | : Gunnar Beck |
Publisher | : Bloomsbury Publishing |
Total Pages | : 486 |
Release | : 2013-01-21 |
Genre | : Law |
ISBN | : 1782250301 |
Download The Legal Reasoning of the Court of Justice of the EU Book 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.
Author | : Marc Jacob |
Publisher | : Cambridge University Press |
Total Pages | : 357 |
Release | : 2014-03-20 |
Genre | : Law |
ISBN | : 1107045495 |
Download Precedents and Case-Based Reasoning in the European Court of Justice Book 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.
Author | : Joxerramon Bengoetxea |
Publisher | : Oxford University Press, USA |
Total Pages | : 398 |
Release | : 1993 |
Genre | : Art |
ISBN | : |
Download The Legal Reasoning of the European Court of Justice Book in PDF, ePub and Kindle
Can a jurisprudential approach help lawyers and legal philosophers to understand the sources, organization, and main features of European Community (EC) law? How does the European Court of Justice interpret EC law and justify its decisions? This study examines these questions and related issues--analyzing EC law and the decision-making process of the European Court of Justice from a legal theoretical perspective. The justification of legal decisions is a crucial issue in legal and political theory, with courts achieving legitimation through their practice of justification. This study also assesses the justificatory practice of the European Court of Justice and how its jurisprudential approach contributes to an understanding of European integration.