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The Transformation or Reconstitution of Europe: The Critical Legal Studies Perspective on the Role of the Courts in the European Union

The Transformation or Reconstitution of Europe: The Critical Legal Studies Perspective on the Role of the Courts in the European Union

Author: Tamara Perisin; Sinisa Rodin
Publisher: Hart Publishing
ISBN: 9781509907250

Published In: February 2018
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only
Paperback Edition ISBN: 9781509939558

List Price: HKD 1,235.00

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Description
Contents

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It is impossible to overstate the impact of European Union Law on the national legal orders of its Member States. Supremacy and direct effect have empowered individuals and granted them rights based on EU law that national courts must protect. This has impacted on legal reasoning and has given rise for the need to rethink its methodology.

This innovative new study suggest that critical legal studies (CLS), prevalent in the jurisprudence of the United States, could provide the methodological tools required to gain a fresh perspective on the role of the European Courts. The examination takes a four part approach: starting with the how judges make decisions and how policy and ideology impact on that process. It then (through the lens of CLS) explores the substantive aspects of EU law. Part three looks at the selection process of judges. The collection concludes with an assessment of the impact of the academic discourse and its role in influencing practising lawyers in the field.

This exciting new work offers a fresh, critical perspective on judges and the operation of justice in the EU.

Part I: Introduction

1. Transformation or Reconstitution of Europe: The European Critical Legal Studies Perspective

Siniša Rodin and Tamara Perišin

Part II: Adjudication and the Transformation of Law and Society

2. On Textualist and Purposivist Interpretation (Challenges and Problems)

Pierre Schlag

3. Proportionality and ‘Deference’ in Contemporary Constitutional Thought

Duncan Kennedy

Part III: The Role of the ECJ in the Transformation or Reconstitution of Europe

4. Discovering the Law of the EU: The European Court of Justice and the Comparative Law Method

Koen Lenaerts

5. Ideology and Legal Reasoning at the European Court of Justice