Legal Certainty in the Preliminary Reference Procedure - The Role of Extra-Legal Steadying Factors (Hardcover)

This forward-thinking book examines numerous features in the European Union (EU) legal system that serve to reduce legal uncertainty in the preliminary reference procedure and the rulings of the Court of Justice. Drawing on theories from legal realist Karl Llewellyn, legal steadying factors such as legal doctrine and interpretative techniques are reviewed alongside the primary focus of this book, extra-legal steadying factors. As well as focusing on the contribution made by judges' legal backgrounds, John Cotter also investigates the role of the balance between institutional and personal independence and accountability. He further applies Karl Llewellyn's approach and re-models it into a European setting, identifying the EU legal system features that assist in promoting decisional steadiness in the preliminary reference procedure. Exploring also the significance of procedural rules and practices at the Court of Justice in steadying outcomes, this book will be an excellent resource for scholars of the EU legal system. Its analysis of the role of factors that steady the rulings of the Court of Justice of the European Union will also make this a useful read for legal theorists interested in examining the factors that influence judicial decision-making.

General

Imprint:	Edward Elgar Publishing Ltd
Country of origin:	United Kingdom
Series:	Elgar Studies in Legal Theory
Release date:	May 2022
Authors:	John Cotter
Dimensions:	234 x 156 x 26mm (L x W x T)
Format:	Hardcover
Pages:	320
ISBN-13:	978-1-78897-954-2
Categories:	Books > Law > Jurisprudence & general issues > Jurisprudence & philosophy of law Books > Law > International law > Settlement of international disputes > International courts & procedures Books > Law > Laws of other jurisdictions & general law > Constitutional & administrative law > General Promotions
LSN:	1-78897-954-0
Barcode:	9781788979542

Is the information for this product incomplete, wrong or inappropriate? Let us know about it.

Does this product have an incorrect or missing image? Send us a new image.

Is this product missing categories? Add more categories.

Review This Product

No reviews yet - be the first to create one!