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The European Court's Political Power - Selected Essays (Paperback)
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The European Court's Political Power - Selected Essays (Paperback)
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Karen Alter's work on the European Court of Justice heralded a new
level of sophistication in the political analysis of the
controversial institution, through its combination of legal
understanding and active engagement with theoretical questions. The
European Court's Political Power assembles the most important of
Alter's articles written over a fourteen year span, adding an
original new introduction and a conclusion that takes an overview
of the Court's development and current concerns.
Together the articles provide insight into the historical and
political contours of the ECJ's influence on European politics,
explaining how and why the impact of an institution can vary so
greatly over time and access different issues. The book starts with
the European Coal and Steel Community, where the ECJ was largely
unable to facilitate greater member state respect for ECSC rules.
Alter then shows how legal actors orchestrated an activist
transformation of the European legal system, with the critical aid
of jurist advocacy movements, and via the co-optation of national
courts. The transformation of the European legal system wrested
control from member states over the meaning of European law, but
the ECJ continues to have varying influence across different
issues. Alter explains that the differing influence of the ECJ
comes from the varied extent to which sub- and supra-national
actors turn to it to achieve political objectives.
Looking beyond the European experience, the book includes four
chapters that put the ECJ into a comparative perspective, examining
the extent to which the ECJ experience is a unique harbinger of the
future role international courts may play in international and
comparative politics.
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