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The Jurisprudence of Constitutional Conflict in the European Union (Hardcover)
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The Jurisprudence of Constitutional Conflict in the European Union (Hardcover)
Series: Oxford Studies in European Law
Expected to ship within 12 - 17 working days
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A comparative and comprehensive account of the jurisprudence of
constitutional conflict between the Court of Justice and national
courts with the power of constitutional review. This monograph
addresses the incidences of, and reasons for, constitutional
clashes in the application and enforcement of EU law. It aims to
determine how the principle of primacy of EU law works in reality
and whether the jurisprudence of the courts under analysis supports
this concept. To this end, the book explores the three areas of
constitutional conflict: ultra vires review, identity review, and
fundamental rights review. The book substantiates the descriptive
and strengthens the normative contributions of the theory of
constitutional pluralism in relation to the web of relations in the
European judicial space. By examining the influence that the
jurisprudence of constitutional conflict has on the balance of
powers between the Court of Justice and constitutional courts, the
volume develops the judicial triangle as an analytical tool that
depicts the consequences for the horizontal (constitutional courts
vis-a-vis the Court of Justice) and vertical judicial relationships
(Court of Justice vis-a-vis ordinary national courts;
constitutional courts vis-a-vis ordinary national courts). By
offering a thorough compilation of the jurisprudence of
constitutional conflict in the EU, The Jurisprudence of
Constitutional Conflict in the European Union improves our
understanding of the principle of primacy of EU law and its limits,
as well as reinforces the theory of constitutional pluralism in
explaining and guiding judicial power relations and interactions in
the EU.
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