The Ghostwriters: Lawyers and the Politics behind the Judicial Construction of Europe

Author: Tomasso Pavone
Publisher: Cambridge University Press
ISBN: 9781316513910

Published In: April 2022
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only
Paperback Edition ISBN: 9781009074988

List Price: HKD 1,417.00

HKD 1,374.49 Save HKD 42.51 (3%)

Download Order Form

Add to Wishlist
| Add to Compare

Description
Contents

Details

The European Union is often depicted as a cradle of judicial activism and a polity built by courts. Tommaso Pavone shows how this judge-centric narrative conceals a crucial arena for political action. Beneath the radar, Europe's political development unfolded as a struggle between judges who resisted European law and lawyers who pushed them to embrace change. Under the sheepskin of rights-conscious litigants and activist courts, these “Euro-lawyers” sought clients willing to break state laws conflicting with European law, lobbied national judges to uphold European rules, and propelled them to submit noncompliance cases to the European Union's supreme court – the European Court of Justice – by ghostwriting their referrals. By shadowing lawyers who encourage deliberate law-breaking and mobilize courts against their own governments, The Ghostwriters overturns the conventional wisdom regarding the judicial construction of Europe and illuminates how the politics of lawyers can profoundly impact institutional change and transnational governance.

Part I. Introduction

1. The politics of ghostwriting lawyers

Part II. Judges and resistance to change

2. Revisiting judicial empowerment in Europe

3. Renouncing power and resisting change

4. The limits of rebellion

Part III. Lawyers and the uneven push for change

5. The first Euro-Lawyers and the invention of a repertoire

6. Hot spots and cold spots

Part IV. Lawyers and the rise of contentious politics

7. Euro-Lawyering goes public

8. Euro-Lawyering goes silent