The limits of legal reasoning and the European Court of Justice

The limits of legal reasoning and the European Court of Justice

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"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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Bibliographic Details
Author / Creator: Conway, Gerard, 1976-
Format: Electronic eBook
Language:English
Imprint: Cambridge, UK ; New York : Cambridge University Press, 2012.
Series:Cambridge studies in European law and policy
Subjects:
Court of Justice of the European Communities.
Judicial process > European Union countries.
Law > European Union countries > Interpretation and construction.
Law > European Union countries > Methodology.
Online Access:Available in ProQuest Ebook Central - Academic Complete.
Table of Contents:
  • 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

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