The limits of legal reasoning and the European Court of Justice
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 th...
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| Format: | eBook |
| Language: | English |
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Cambridge
Cambridge University Press
2012
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| Series: | Cambridge studies in European law and policy
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| Collection: | Cambridge Books Online - Collection details see MPG.ReNa |
Table of 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