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The Rule of Law in the European Constitution (Hardcover)
Loot Price: R5,363
Discovery Miles 53 630
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The Rule of Law in the European Constitution (Hardcover)
Expected to ship within 10 - 15 working days
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The European Court of Justice once stated that the European
Community is governed by the rule of law in as much as member
states, Community institutions and individuals are bound to the
basic constitutional charter, the Treaty. The purpose of this book
is to answer the question whether this statement is still valid for
the European Union, and to analyze which features best define the
rule of law at the European level. In order to define the principle
of the rule of law at the European level, this book undertakes a
comparative analysis of what the principle means in different legal
systems. An analysis is also made of the implications for national
legal orders, specifically for judges. The conclusion reached as a
result of the research undertaken for this book is the co-existence
of two visions of the rule of law within national legal orders: the
traditional view of each legal order by itself, and the new vision
of the principle as defined by the Court of Justice. This legal
phenomenon involves what is defined as "the paradox of the two
paradigms of law", which determines a share of concepts, tools and
remedies amongst legal systems.
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