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EU Law, Fundamental Rights and National Democracy (Paperback)
Loot Price: R1,377
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EU Law, Fundamental Rights and National Democracy (Paperback)
Series: Routledge Research in Constitutional Law
Expected to ship within 12 - 19 working days
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The orthodox view is that rights complement democracy. This book
critically examines this view in the context of EU fundamental
rights, specifically in situations where EU law requires member
states to respect EU fundamental rights. It first sets out a legal
theoretical account of how human rights can complement democracy.
It argues that they can do so only if they are understood as both
the conditions for the democratic process, and the outcome of such
a democratic process. In light of this legal theoretical account of
human rights, this book examines the demands which the Court of
Justice of the EU (CJEU) imposes on the national orders in respect
of EU fundamental rights. The conclusion reached is that the
demands which EU fundamental rights impose on national legal orders
entail a cost for the democratic legitimacy of those legal orders.
Ultimately, accepting the demands of the CJEU in respect of EU
fundamental rights may require the national legal order to abandon
its commitment to protecting the human rights which are the
foundation of the national legal order's very legitimacy.
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