The horizontal effect revolution and the question of sovereignity / Johan van der Walt.

Format:

Book

Author/Creator:

Van der Walt, Johan Willem Gous, author.

Language:

English

Subjects (All):

Civil rights--Europe.

Civil rights.

International and municipal law--Europe.

International and municipal law.

Judicial review--Europe.

Judicial review.

Law--Europe--American influences.

Law.

Physical Description:

1 online resource (450 p.)

Edition:

1st ed.

Place of Publication:

Berlin : De Gruyter, [2014]

Language Note:

English

Summary:

That the recent turn in European Constitutional Review has effectively brought about a revolution in European law has been observed before. At issue are two major developments in European judicial review. On the one hand, the European Court of Human Rights has been collapsing traditional boundaries between constitutional law and private law with a series of decisions that effectively recognized the "horizontal" effect of Convention rights in the private sphere. On the other hand, the European Court of Justice has also given horizontal effect to fundamental liberties embodied in the Treaty on the Function of the European Union in a number of recent cases in a way that puts "established" boundaries between Member State and Union competences in question. This book takes issue with these developments by bringing to the fore a key issue that the horizontality effect debate has hitherto largely overlooked, namely, the question of sovereignty. It shows with detailed references to especially the American debate on state action and the German debate on Drittwirkung that horizontal effect cannot be understood consistently without coming to grips with the conceptions of state sovereignty that inform different approaches to horizontal effect.

Contents:

Front matter

Preface

Contents

Acknowledgements and Disclaimers

Introduction

Part One: Horizontal Effect

Chapter One: Erased Baselines and Inversed Coordinates: 19th Century Backgrounds of the Horizontality Question

Chapter Two: Twelve Pivotal Cases

Chapter Three: State Action

Chapter Four: Drittwirkung

Part Two: Sovereignty

Chapter Five: Uninterrupted Sovereignty

Chapter Six: Différantial Sovereignty

Chapter Seven: Sovereignty and the Dual Destiny of Lüth in Europe

Chapter Eight: Liberal Democratic Constitutional Review

Bibliography

Abbreviations

Index of Persons

Subject Index

Notes:

Description based upon print version of record.

Includes bibliographical references and indexes.

Description based on print version record.

ISBN:

9783110391701

3110391708

9783110248036

3110248034

OCLC:

883287982