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The Judicial Construction of Europe (Hardcover)
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The Judicial Construction of Europe (Hardcover)
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The law and politics of European integration have been inseparable
since the 1960s, when the European Court of Justice rendered a set
of foundational decisions that gradually served to
'constitutionalize' the Treaty of Rome. In this book, Alec Stone
Sweet, one of the world's foremost social scientists and legal
scholars, blends deductive theory, quantitative analysis of
aggregate data, and qualitative case studies to explain the
dynamics of European integration and institutional change in the EU
since 1959. He shows that the activities of market actors,
lobbyists, legislators, litigators, and judges became connected to
one another in various ways, giving the EU its fundamentally
expansionary character. He then assesses the impact of Europe's
unique legal system on the evolution of supranational governance,
tracing outcomes in three policy domains: free movement of goods,
sex equality, and environmental protection. The book integrates
diverse themes, including: the testing of hypotheses derived from
regional integration theory; the 'judicialization' of legislative
processes; the path dependence of precedent and legal
argumentation; the triumph of the 'rights revolution' in the EU;
delegation, agency, and trusteeship; balancing as a technique of
judicial rulemaking and governance; and why national administration
and justice have been steadily 'Europeanized'. Written for a broad
audience, the book is also recommended for use in graduate and
advanced undergraduate courses in law and the social sciences.
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