The limits of legal reasoning and the European Court of Justice / Gerard Conway.
2012
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Details
Title
The limits of legal reasoning and the European Court of Justice / Gerard Conway.
Imprint
Cambridge : Cambridge University Press, 2012.
Description
1 online resource (xxvi, 319 pages) : digital, PDF file(s).
Series
Cambridge studies in European law and policy.
Formatted Contents Note
Introduction and overview. Interpretation and the European Court of Justice
Reading the Court of Justice
Reconceptualising the legal reasoning of the Court of Justice : interpretation and its constraints
Retrieving a separation of powers in the European Union
EU law and a hierarchy of interpretative techniques
Levels of generality and originalist interpretation in the legal reasoning of the ECJ
Subjective originalist interpretation in the legal reasoning of the ECJ
Conclusion.
Reading the Court of Justice
Reconceptualising the legal reasoning of the Court of Justice : interpretation and its constraints
Retrieving a separation of powers in the European Union
EU law and a hierarchy of interpretative techniques
Levels of generality and originalist interpretation in the legal reasoning of the ECJ
Subjective originalist interpretation in the legal reasoning of the ECJ
Conclusion.
Summary
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.
Note
Title from publisher's bibliographic system (viewed on 05 Oct 2015).
Location
WWW
Available in Other Form
Print version:
Linked Resources
Alternate Title
Cambridge Core.
Language
English
ISBN
9780511735929 ebook
9781107001398 (hardback)
9781107660359 (paperback)
9781107001398 (hardback)
9781107660359 (paperback)
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