The Resource An exercise in legal honesty : re-writing the Court of Justice and the Bundesverfassungsgericht, (electronic resource)

An exercise in legal honesty : re-writing the Court of Justice and the Bundesverfassungsgericht, (electronic resource)

Label
An exercise in legal honesty : re-writing the Court of Justice and the Bundesverfassungsgericht
Title
An exercise in legal honesty
Title remainder
re-writing the Court of Justice and the Bundesverfassungsgericht
Creator
Contributor
Subject
Language
eng
Summary
At a time of crisis - a true state of emergency - both the Court of Justice of the European Union and the German Federal Constitutional Court have failed the rule of law in Europe. Worse still, in their evaluation of the ersatz crisis law, which has been developed in response to financial and sovereign debt crises, both courts have undermined constitutionality throughout Europe. Each jurisdiction has been implicated within the techocratisation of democratic process. Each Court has contributed to an incremental process of the undermining of the political subjectivity of European Citizens. The results are depressing for lawyers who are still attached to notions of constitutionality. Yet, we must also ask whether the Courts could have acted otherwise. Given the original flaws in the construction of Economic and Monetary Union, as well as the politically pre-emptive constraints imposed by global financial markets, each Court might thus be argued to have been forced to suspend immediate legality in a longer term effort to secure the character of the legal jurisdiction as a whole. Crisis can and does defeat the law. Nevertheless, what continues to disturb is the failure of law in Europe to open up any perspective for a return to normal constitutionality post crisis, as well as its apparent inability to give proper and honest consideration to the hardship now being experienced by millions of Europeans within crisis. This contribution accordingly seeks to reimagine each Judgment in a language of legal honesty. Above all, this contribution seeks to suggest a new form of post-national constitutional language; a language which takes as its primary function, proper protection of democratic process against the ever encroaching powers of a post-national executive power
Member of
Cataloging source
FIE
http://library.link/vocab/creatorName
Everson, Michelle
Index
no index present
Literary form
non fiction
Nature of contents
dictionaries
http://library.link/vocab/relatedWorkOrContributorName
Institut für Höhere Studien, Wien
Series statement
Political science series
Series volume
136
http://library.link/vocab/subjectName
  • European Union
  • Court of Justice of the European Communities
  • Law
  • Germany.
  • Financial crisis
Label
An exercise in legal honesty : re-writing the Court of Justice and the Bundesverfassungsgericht, (electronic resource)
Link
https://www.ihs.ac.at/library/publications/
Instantiates
Publication
Control code
FIEb17577524
Extent
40 pages.
Form of item
electronic
Specific material designation
remote
System control number
(OCoLC)1088471211
Label
An exercise in legal honesty : re-writing the Court of Justice and the Bundesverfassungsgericht, (electronic resource)
Link
https://www.ihs.ac.at/library/publications/
Publication
Control code
FIEb17577524
Extent
40 pages.
Form of item
electronic
Specific material designation
remote
System control number
(OCoLC)1088471211

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