The limits of legal reasoning and the European Court of Justice
"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 prai...
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| Author / Creator: | |
|---|---|
| Format: | Electronic eBook |
| Language: | English |
| Imprint: | Cambridge, UK ; New York : Cambridge University Press, 2012. |
| Series: | Cambridge studies in European law and policy
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| Subjects: | |
| Online Access: | Available in ProQuest Ebook Central - Academic Complete. |
| LEADER | 04176cam a22004453a 4500 | ||
|---|---|---|---|
| 001 | ebs1178746e | ||
| 003 | EBZ | ||
| 006 | m o d |||||| | ||
| 007 | cr|unu|||||||| | ||
| 008 | 110509s2012 enk ob 001 0 eng | ||
| 020 | |z 9781107001398 | ||
| 020 | |a 9780511735929 (online) | ||
| 020 | |a 9781107660359 (online) | ||
| 020 | |a 9781139209533 (online) | ||
| 020 | |a 9781139214490 (online) | ||
| 020 | |a 9781139217576 (online) | ||
| 020 | |a 9781139220668 (online) | ||
| 020 | |a 9781139222389 (online) | ||
| 020 | |a 9781139224093 (online) | ||
| 020 | |a 9781280485039 (online) | ||
| 035 | |a (OCoLC)ocn726620715 | ||
| 035 | |a (EBZ)ebs1178746e | ||
| 040 | |a DLC |d EBZ | ||
| 042 | |a pcc | ||
| 050 | 0 | 0 | |a KJE5461 |b .C668 2012 |
| 100 | 1 | |a Conway, Gerard, |d 1976- | |
| 245 | 1 | 4 | |a The limits of legal reasoning and the European Court of Justice |h [electronic resource] / |c Gerard Conway. |
| 260 | |a Cambridge, UK ; |a New York : |b Cambridge University Press, |c 2012. | ||
| 490 | 0 | |a Cambridge studies in European law and policy | |
| 504 | |a Includes bibliographical references (p. 284-309) and index. | ||
| 505 | 8 | |a Machine generated contents note: 1. Introduction and overview: interpretation and the European Court of Justice; 2. Reading the Court of Justice; 3. Reconceptualising the legal reasoning of the Court of Justice: interpretation and its constraints; 4. Retrieving a separation of powers in the EU; 5. EU law and a hierarchy of interpretative techniques; 6. Levels of generality and originalist interpretation in EU law; 7. Subjective originalist interpretation in EU law; 8. Conclusion. | |
| 520 | |a "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"-- |c Provided by publisher. | ||
| 520 | |a "This book seeks to offer a critical perspective on the legal reasoning of the European Court of Justice (ECJ). In particular, it focuses on the question of the limits of legal reasoning: how far creativity and freedom from constraint can go in the task of legal reasoning by the EU judiciary. This question has two aspects to it: the epistemic or descriptive possibility of conserving versus creative interpretation and the normative desirability of conserving versus creative interpretation. The argument of the book is that interpretation by the judiciary linked to the understanding or interpretation of the law-maker is both epistemically possible and normatively desirable. This conserving (or orginalist or historical) approach to interpretation coheres much better with the rule of law and democracy, the twin pillars of accepted political morality in Europe, than the relatively creative, teleological approach to interpretation that is widely recognised to be the hallmark of the ECJ"-- |c Provided by publisher. | ||
| 610 | 2 | 0 | |a Court of Justice of the European Communities. |
| 650 | 0 | |a Judicial process |z European Union countries. | |
| 650 | 0 | |a Law |z European Union countries |x Interpretation and construction. | |
| 650 | 0 | |a Law |z European Union countries |x Methodology. | |
| 773 | 0 | |t ProQuest Ebook Central - Academic Complete |d ProQuest Info & Learning Co | |
| 776 | 1 | |t The limits of legal reasoning and the European Court of Justice / |w (OCoLC)ocn726620715 |w (DLC)2011020004 | |
| 856 | 4 | 0 | |3 Full text available |z Available in ProQuest Ebook Central - Academic Complete. |u https://ezproxy.wellesley.edu/login?url=https://ebookcentral.proquest.com/lib/well/detail.action?docID=833431 |