The sovereignty of law : the European way

Bibliographic Information

The sovereignty of law : the European way

by Francis G. Jacobs

(The Hamlyn lectures, [58th ser.])

Cambridge University Press, 2007

  • : hbk
  • : pbk

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"The Hamlyn lectures 2006"--Cover

Includes bibliographical references and index

Description and Table of Contents

Description

Recently, the role of courts has changed dramatically. Not only do courts now have to decide cases between parties, they also often have to choose between competing fundamental values. Judges may have to balance the potentially conflicting interests of human life and human dignity; freedom of speech and the right of privacy; or free trade and the protection of the environment. The courts may have to circumscribe freedom of religion, and decide when religious dress may be worn. With the non-specialist in mind, and starting from the basic notion of the rule of law, this book explores how judges can and should address such issues. Both the European Convention on Human Rights and the European Union often play a decisive role, and the book points out both the advantages and the difficulties posed by this. Above all, it seeks to promote a more informed debate.

Table of Contents

  • 1. Introduction
  • 2. The rule of law in Europe
  • 3. The European Convention on Human Rights and the rule of law
  • 4. The European Union and the rule of law
  • 5. Fundamental values
  • 6. Courts and free markets
  • 7. The European Union today: some achievements
  • 8. The European Union today: some problems
  • Afterword.

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