The legal reasoning of the European Court of Justice : towards a European jurisprudence
著者
書誌事項
The legal reasoning of the European Court of Justice : towards a European jurisprudence
Clarendon Press , Oxford University Press, 1993
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注記
Based on the author's thesis (Ph.D.)--University of Edinburgh, 1989
Includes bibliographical references and Index
内容説明・目次
内容説明
How can a jurisprudential approach help lawyers and legal philosophers to understand the sources, organization, and main features of EC law? How does the European Court of Justice interpret EC law and justify its decisions, operating as a social-political agent? This study examines these and other related issues, analyzing EC law and the decision-making process of the European Court of Justice from a legal theoretical or jurisprudential perspective. The justification of legal decisions is a crucial issue in legal and political theory, with courts achieving legitimation through their practice of justification. This study examines and assesses the justificatory practice of the European Court of Justice, and its jurisprudential approach contributes to an understanding of European integration.
目次
- Part 1 European Community law and legal theory: institutional legal positivism
- legal norms and sources of law
- judicial decision making and social action
- approaches to judicial decision making. Part 2 Legal justification and the European Court of Justice: on legal justification
- justification in clear cases
- justification in hard cases.
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