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Books > Law > Laws of other jurisdictions & general law > Constitutional & administrative law
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The Horizontal Effect Revolution and the Question of Sovereignty (Hardcover, Digital original)
Loot Price: R4,253
Discovery Miles 42 530
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The Horizontal Effect Revolution and the Question of Sovereignty (Hardcover, Digital original)
Expected to ship within 10 - 15 working days
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That the recent turn in European Constitutional Review has
effectively brought about a revolution in European law has been
observed before. At issue are two major developments in European
judicial review. On the one hand, the European Court of Human
Rights has been collapsing traditional boundaries between
constitutional law and private law with a series of decisions that
effectively recognized the "horizontal" effect of Convention rights
in the private sphere. On the other hand, the European Court of
Justice has also given horizontal effect to fundamental liberties
embodied in the Treaty on the Function of the European Union in a
number of recent cases in a way that puts "established" boundaries
between Member State and Union competences in question. This book
takes issue with these developments by bringing to the fore a key
issue that the horizontality effect debate has hitherto largely
overlooked, namely, the question of sovereignty. It shows with
detailed references to especially the American debate on state
action and the German debate onDrittwirkung that horizontal effect
cannot be understood consistently without coming to grips with the
conceptions of state sovereignty that inform different approaches
to horizontal effect.
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