General principles of law : European and comparative perspectives

著者

書誌事項

General principles of law : European and comparative perspectives

edited by Stefan Vogenauer and Stephen Weatherill

（Studies of the Oxford Institute of European and Comparative Law, v. 23）

Hart, 2019, c2017

  • : pb

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注記

"First published in hardback, 2017. Paperback edition, 2019"--T.p. verso

Includes index

内容説明・目次

内容説明

Examining general principles of law provides one of the most instructive examples of the intersection between EU law and comparative law. This collection draws on the expertise of high-profile and distinguished scholars to provide a critical examination of this interaction. It shows how general principles of EU law need to be responsive to national laws. In addition, it is clear that the laws of the Member States have no choice but to be responsive to the general principles which are developed through EU law. Viewed through the perspective of proportionality, legal certainty, and fundamental rights, the dynamic relationship between the ingenuity of the Court of Justice, the legislative process and the process of Treaty revision is comprehensively illustrated.

目次

1. Introduction 2. General Principles of International Law Catherine Redgwell 3. From Myth to Reality: The EU's 'New Legal Order' and the Place of General Principles Within It Stephen Weatherill Part I: General Principles of European Union Law 4. Theorising General Principles of EU Law in Perspective: High Expectations, Modest Means and the Court of Justice Urska Sadl and Joxerramon Bengoetxea 5. Is Legality a Principle of EU Law? Alexander Somek 6. General Principles and the Many Faces of Coherence: Between Law and Ideology in the European Union Xavier Groussot, Joergen Hettne and Gunnar Thor Petursson 7. General Principles and Customary Law in the EU Legal Order Samantha Besson Part II: Proportionality 8. Proportionality Alison L Young and Grainne de Burca 9. Proportionality and Judicial Review: A UK Historical Perspective Paul Craig 10. The Evolution of the Principle of Proportionality in EU Law-Towards an Anticipative Understanding? Juliane Kokott and Christoph Sobotta 11. Proportionality and the Margin of Appreciation: Strasbourg and London Philip Sales 12. Origins and Presentation of the Proportionality Principle in French Case Law Yoan Sanchez 13. An Italian Perspective on the Principle of Proportionality Giuseppe Martinico and Marta Simoncini 14. The Application of Proportionality in Denmark in the Light of European Legal Integration Helle Krunke Part III: Private Autonomy and Protection of the Weaker Party 15. Private Autonomy and Protection of the Weaker Party Stephen Weatherill, Stefan Vogenauer and Petra Weingerl 16. Private Autonomy and the Protection of the Weaker Party: Historical Hector L MacQueen and Stephen Bogle 17. Personal Freedom and the Protection of the Weak through the Lens of Contract: Jurisprudential Overview Dori Kimel 18. Private Autonomy, Weak Parties and Private Law: Views from Law and Economics Fernando Gomez and Mireia Artigot 19. Fairness at a Time of Perplexity: The Civil Law Principle of Fairness in the Court of Justice of the European Union Daniela Caruso 20. Discrimination on Grounds of Obesity Niilo Jaaskinen 21. Discrimination on the Grounds of Sexual Orientation and Gender Identity Alina Tryfonidou Concluding Remarks 22. Judging General Principles David Edward

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