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The Resource The limits of legal reasoning and the European Court of Justice, Gerard Conway

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

Label
The limits of legal reasoning and the European Court of Justice
Title
The limits of legal reasoning and the European Court of Justice
Statement of responsibility
Gerard Conway
Creator
Subject
Language
eng
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"--
  • "This book seeks to offer a critical perspective on the legal reasoning of the European Court of Justice (ECJ). In particular, it focuses on the question of the limits of legal reasoning: how far creativity and freedom from constraint can go in the task of legal reasoning by the EU judiciary. This question has two aspects to it: the epistemic or descriptive possibility of conserving versus creative interpretation and the normative desirability of conserving versus creative interpretation. The argument of the book is that interpretation by the judiciary linked to the understanding or interpretation of the law-maker is both epistemically possible and normatively desirable. This conserving (or orginalist or historical) approach to interpretation coheres much better with the rule of law and democracy, the twin pillars of accepted political morality in Europe, than the relatively creative, teleological approach to interpretation that is widely recognised to be the hallmark of the ECJ"--
Member of
Assigning source
  • Provided by publisher
  • Provided by publisher
Cataloging source
DLC
http://library.link/vocab/creatorDate
1976-
http://library.link/vocab/creatorName
Conway, Gerard
Dewey number
347.24012
Index
index present
Literary form
non fiction
Nature of contents
bibliography
Series statement
Cambridge studies in European law and policy
http://library.link/vocab/subjectName
  • Court of Justice of the European Union
  • Judicial process
  • Law
  • Law
Label
The limits of legal reasoning and the European Court of Justice, Gerard Conway
Instantiates
Publication
Bibliography note
Includes bibliographical references and index
Carrier category
volume
Carrier category code
  • nc
Carrier MARC source
rdacarrier.
Content category
text
Content type code
  • txt
Content type MARC source
rdacontent.
Contents
1. Introduction and overview: interpretation and the European Court of Justice; 2. Reading the Court of Justice; 3. Reconceptualising the legal reasoning of the Court of Justice: interpretation and its constraints; 4. Retrieving a separation of powers in the EU; 5. EU law and a hierarchy of interpretative techniques; 6. Levels of generality and originalist interpretation in EU law; 7. Subjective originalist interpretation in EU law; 8. Conclusion
Control code
FIEb17036203
Dimensions
24 cm.
Extent
xxvi, 319 pages
Isbn
9781107001398
Media category
unmediated
Media MARC source
rdamedia.
Media type code
  • n
System control number
(OCoLC)726620715
Label
The limits of legal reasoning and the European Court of Justice, Gerard Conway
Publication
Bibliography note
Includes bibliographical references and index
Carrier category
volume
Carrier category code
  • nc
Carrier MARC source
rdacarrier.
Content category
text
Content type code
  • txt
Content type MARC source
rdacontent.
Contents
1. Introduction and overview: interpretation and the European Court of Justice; 2. Reading the Court of Justice; 3. Reconceptualising the legal reasoning of the Court of Justice: interpretation and its constraints; 4. Retrieving a separation of powers in the EU; 5. EU law and a hierarchy of interpretative techniques; 6. Levels of generality and originalist interpretation in EU law; 7. Subjective originalist interpretation in EU law; 8. Conclusion
Control code
FIEb17036203
Dimensions
24 cm.
Extent
xxvi, 319 pages
Isbn
9781107001398
Media category
unmediated
Media MARC source
rdamedia.
Media type code
  • n
System control number
(OCoLC)726620715

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