The Ecj And Judicial Activism
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Author | : Bruno de Witte |
Publisher | : Edward Elgar Publishing |
Total Pages | : 305 |
Release | : 2013-01-01 |
Genre | : Law |
ISBN | : 0857939408 |
ÔThis well-constructed, and well-written, collection fills a gap in the scholarship. It offers a rounded and plausible picture of the CourtÕs role in Europe, engaging with the complexity of the law without losing sight of the bigger political picture. Well-contextualised, critical, but nuanced, discussions of the role of rights, economics, science, and institutions, and of the important particularities of EU adjudication, will make this volume unmissable for those interested in the political role of the Court of Justice of the EU.Õ Ð Gareth Davies, VU University of Amsterdam, The Netherlands This book delves into the rationale, components of, and responses to accusations of judicial activism at the European Court of Justice. Detailed chapters from academics, practitioners and stakeholders bring diverse perspectives on a range of factors Ð from access rules to institutional design and to substantive functions Ð influencing the European CourtÕs political role. Each of the contributing authors invites the reader to approach the debate on the role of the Court in terms of a constantly evolving set of interactions between the EU judiciary, the European and national political spheres, as well as a multitude of other actors vested in competing legitimacy claims. The book questions the political role of the Court as much as it stresses the opportunities Ð and corresponding responsibilities Ð that the CourtÕs case law offers to independent observers, political institutions and civil society organisations. Judicial Activism at the European Court of Justice will appeal to researchers and graduate students as well as to EU and national officials.
Author | : Luís Pereira Coutinho |
Publisher | : Springer |
Total Pages | : 212 |
Release | : 2015-05-26 |
Genre | : Law |
ISBN | : 3319185497 |
This volume offers different perspectives on judicial practice in the European and American contexts, both arguably characterized in the last decades by the emergence of novel normative and even policy arguments by judges. The central question deserving the attention of the contributors concerns the degree in which judicial exercises in practical reasoning may amount to forms of judicial usurpation of the legislative function by courts. Since different views as to the nature and scope of legal reasoning lead to different degrees of tolerance regarding what should be admissible to courts, that same nature and scope is thoroughly debated. The main disciplinary approach is that of general jurisprudence, but the contributions take stock of other disciplines in which judicial activism has been addressed, namely positive theories of judicial behavior. Accordingly, the book also explores the development of interdisciplinary dialogue about the theme.
Author | : Kombos Constantinos |
Publisher | : |
Total Pages | : 385 |
Release | : 2010 |
Genre | : Judicial process |
ISBN | : 9789604455546 |
Author | : Stefanie Lindqquist |
Publisher | : Oxford University Press |
Total Pages | : 189 |
Release | : 2009-04-23 |
Genre | : Law |
ISBN | : 0195370856 |
'Measuring Judicial Activism' supplies empirical analysis to the widely discussed concept of judicial activism at the United States Supreme Court. The book seeks to move beyond more subjective debates by conceptualizing activism in non-ideological terms.
Author | : Takis Tridimas |
Publisher | : Hart Publishing |
Total Pages | : 0 |
Release | : 2024-05-02 |
Genre | : Law |
ISBN | : 9781841135090 |
This book assesses the influence of the European Court of Justice (ECJ) on the governance of the EU and concentrates on the following themes: the function of the ECJ as the Supreme Court of the Union; judicial independence; the protection of the individual in the EU legal order; the relationship between the ECJ and the other branches of government at national and Union level and the relationship between the ECJ and the General Court, the European Court of Human Rights, and national courts. It assesses the impact of the EU Reform Treaty on judicial protection and covers, among other topics, Union competence, direct effect, preliminary references, locus standi for individuals, a statistical analysis of judicial review and judicial activism. It seeks to combine a close analysis of the case law with a wider law in context approach.
Author | : Sonja C. Grover |
Publisher | : Springer Nature |
Total Pages | : 283 |
Release | : 2020-02-17 |
Genre | : Law |
ISBN | : 3030350851 |
In this book the author argues that judicial activism in respect of the protection of human rights and dignity and the right to due process is an essential element of the democratic rule of law in a constitutional democracy as opposed to being ‘judicial overreach’. Selected recent case law is explored from the US and Canadian Supreme Courts as well as the European Court of Human Rights illustrating that these Courts have, at times, engaged in judicial activism in the service of providing equal protection of the law and due process to the powerless but have, on other occasions, employed legalistic but insupportable strategies to sidestep that obligation.The book will be of interest to those with a deep concern regarding the factors that influence judicial decision-making and the judiciary's role through judgments in promoting and preserving the underpinnings of democracy. This includes legal researchers, the judiciary, practicing counsel and legal academics and law students as well as those in the area of democracy studies, in addition to scholars in the fields of sociology and philosophy of law.
Author | : Samantha Velluti |
Publisher | : Springer Science & Business Media |
Total Pages | : 118 |
Release | : 2013-09-30 |
Genre | : Law |
ISBN | : 3642402674 |
In June 2013, after lengthy and complex negotiations the EU adopted the recast “asylum package” which represents a significant step forward in the future development of CEAS. In this timely study Velluti provides fresh insights into recent legislative and judicial developments in asylum and through the “lens” of sovereignty she looks at some of the contemporary challenges faced by the EU protection regime, with a particular focus on asylum-seekers’ rights. The volume assesses whether the EU provides an adequate framework for protecting those seeking international protection from the opposing perspectives of effectiveness and fairness. It shows that, despite the newly adopted “second-generation” legislative acts which include changes aimed at ensuring a stronger level of protection for asylum-seekers, the reform process at European level does not adequately ensure an equal standard of protection across all Member States. Through a comparative analysis of selected ECtHR and ECJ asylum cases the book also examines the constitutional relationship between the two European Courts and how it impacts on the human rights of asylum-seekers and on the future of EU asylum law. Ultimately, the book shows that real progress in the development of the human rights dimension of CEAS will be achieved largely through the European and domestic courts.
Author | : Lisa J. Conant |
Publisher | : Cornell University Press |
Total Pages | : 272 |
Release | : 2018-10-18 |
Genre | : Law |
ISBN | : 1501722646 |
In this probing analysis of the European Union's transnational legal system, Lisa Conant explores the interaction between law and politics. In particular, she challenges the widely held view that the European Court of Justice (ECJ) has, through bold judicial activism, brought about profound policy and institutional changes within the EU's member states. She argues convincingly that this court, like its domestic counterparts, depends on the support of powerful organized interests to gain compliance with its rulings. What, Conant asks, are the policy implications of the ECJ's decisions? How are its rulings applied in practice? Drawing on the rich scholarship on the U.S. Supreme Court, Conant depicts the limits that the ECJ and other tribunals have to face. To illuminate these constraints, she traces the impact of ECJ decisions in four instances concerning market competition and national discrimination. She also proposes ways of anticipating which of this court's legal interpretations are likely to inspire major reforms.Justice Contained closes with a comparative analysis of judicial power, identifying the ECJ as an institution with greater similarities to domestic courts than to international organizations. The book advances a deeper understanding both of the court's contributions to European integration and of the political economy of litigation and reform.
Author | : Frederick P. Lewis |
Publisher | : Rowman & Littlefield |
Total Pages | : 166 |
Release | : 1999 |
Genre | : Law |
ISBN | : 9780847689927 |
In this book, Frederick P. Lewis examines the legacy of the Warren Court, analyzing why the court's activism survived largely intact despite the efforts of four Republican presidents over a 20-year period to replace activist federal judges with jurists committed to judicial restraint. The Context of Judicial Activism will be a valuable resource for students and scholars of twentieth century constitutional history and the judicial process.
Author | : Christopher Wolfe |
Publisher | : Rowman & Littlefield |
Total Pages | : 168 |
Release | : 1997 |
Genre | : Law |
ISBN | : 9780847685318 |
In this revised and updated edition of a classic text, one of America's leading constitutional theorists presents a brief but well-balanced history of judicial review and summarizes the arguments both for and against judicial activism within the context of American democracy. Christopher Wolfe demonstrates how modern courts have used their power to create new "rights" with fateful political consequences and he challenges popular opinions held by many contemporary legal scholars. This is important reading for anyone interested in the role of the judiciary within American politics. Praise for the first edition of Judicial Activism: "This is a splendid contribution to the literature, integrating for the first time between two covers an extensive debate, honestly and dispassionately presented, on the role of courts in American policy. --Stanley C. Brubaker, Colgate University