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Judicial Transformations - The Rights Revolution in the Courts of Europe (Hardcover, New)
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Judicial Transformations - The Rights Revolution in the Courts of Europe (Hardcover, New)
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Fundamental rights are exploding across all areas of law in Europe.
This rights revolution is transforming European judicial culture
and the judge's political role at breakneck speed. Not only have
fundamental rights become an integral part of litigation in the
domestic and European courts, but their advent has provoked an
ongoing revolution in French and European procedural, doctrinal,
institutional and conceptual structures.
Grounded in comparative law and political science, this book tells
the story of the rights revolution. Part of the story is social and
intellectual. As the polity has become increasingly complicated
both nationally and transnationally, fundamental rights have
emerged as a lingua franca within and across European
jurisdictions: they offer a pool of common legal terms that address
the diversity of interests now litigating in the domestic and
European courts.
But that is not the entire story. The fundamental rights revolution
is also a product of the complex - and often competitive -
inter-institutional dynamics that characterize the judicial arena
in our ever more globalized legal space. European legal
controversies increasingly play out at the jurisdictional
intersection of a range of domestic and supranational high courts,
which must interact and coordinate as never before. This growing
inter-institutional interface has taken on a competitive logic and
inflationary force of its own.
The result has been a group dynamic that has reinforced the
ubiquity and preeminence of fundamental rights throughout the
European legal field. Almost every European judicial player now
faces powerful pressures to jump on the fundamental rights
bandwagon or be left intellectually and institutionally behind.
This has prompted a frantic race to master and lead the emergent
fundamental rights regime.
In telling the story of the rights revolution, the book makes a
substantial contribution to understanding the current dynamics of
European judiciaries, and the depth of the impact of transnational
law on domestic legal culture.
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