The limits of legal reasoning and the European Court of Justice / Gerard Conway.

Format:

Book

Author/Creator:

Conway, Gerard, 1976- author.

Series:

Cambridge studies in European law and policy.

Cambridge studies in European law and policy

Language:

English

Subjects (All):

Court of Justice of the European Communities.

Judicial process--European Union countries.

Judicial process.

Law--European Union countries--Interpretation and construction.

Law.

Law--European Union countries--Methodology.

Physical Description:

1 online resource (xxvi, 319 pages) : digital, PDF file(s).

Edition:

1st ed.

Other Title:

The Limits of Legal Reasoning & the European Court of Justice

Place of Publication:

Cambridge : Cambridge University Press, 2012.

Language Note:

English

Summary:

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 praised the role of the ECJ, with more critical perspectives being given little voice in mainstream EU studies. From the standpoint of legal reasoning, Gerard Conway offers the first sustained critical assessment of how the ECJ engages in its function and offers a new argument as to how it should engage in legal reasoning. He also explains how different approaches to legal reasoning can fundamentally change the outcome of case law and how the constitutional values of the EU justify a different approach to the dominant method of the ECJ.

Contents:

Introduction and overview. Interpretation and the European Court of Justice

Reading the Court of Justice

Reconceptualising the legal reasoning of the Court of Justice : interpretation and its constraints

Retrieving a separation of powers in the European Union

EU law and a hierarchy of interpretative techniques

Levels of generality and originalist interpretation in the legal reasoning of the ECJ

Subjective originalist interpretation in the legal reasoning of the ECJ

Conclusion.

Notes:

Title from publisher's bibliographic system (viewed on 05 Oct 2015).

Includes bibliographical references and index.

ISBN:

1-139-20953-1

1-107-22656-2

1-280-48503-5

1-139-22238-4

9786613580016

1-139-21757-7

1-139-21449-7

1-139-22409-3

1-139-22066-7

0-511-73592-8

OCLC:

775869864