0
Your cart

Your cart is empty

Books > Law > Laws of other jurisdictions & general law > Constitutional & administrative law

Buy Now

The National Courts' Mandate in the European Constitution (Hardcover, Uk Ed.) Loot Price: R5,339
Discovery Miles 53 390
The National Courts' Mandate in the European Constitution (Hardcover, Uk Ed.): Monica Claes

The National Courts' Mandate in the European Constitution (Hardcover, Uk Ed.)

Monica Claes

Series: Modern Studies in European Law

 (sign in to rate)
Loot Price R5,339 Discovery Miles 53 390 | Repayment Terms: R500 pm x 12*

Bookmark and Share

Expected to ship within 10 - 15 working days

The reform of the European Constitution continues to dominate news headlines and has provoked a massive debate, unprecedented in the history of EU law. Against this backdrop Monica Claes' book offers a "bottom up" view of how the Constitution might work, taking the viewpoint of the national courts as her starting point, and at the same time returning to fundamental principles in order to interrogate the myths of Community law. Adopting a broad, comparative approach, she analyses the basic doctrines of Community law from both national constitutional perspectives as well as the more usual European perspective. It is only by combining the perspectives of the EU and national constitutions, she argues, that a complete picture can be obtained, and a solid theoretical base (constitutional pluralism) developed. Her comparative analysis encompasses the law in France, Belgium, Denmark, the Netherlands, Germany, Ireland, Italy and the United Kingdom and in the course of her inquiry discusses a wide variety of prominent problems. The book is structured around three main themes, coinciding with three periods in the development of the judicial dialogue between the ECJ and the national courts. The first focuses on the ordinary non-constitutional national courts and how they have successfully adapted to the mandates developed by the ECJ in Simmenthal and Francovich. The second examines the constitutional and other review courts and discusses the gradual transformation of the ECJ into a constitutional court, and its relationship to the national constitutional courts. The contrast is marked; these courts are not specifically empowered by the case law of the ECJ and have reacted quite differently to the message from Luxembourg, leaving them apparently on collision course with the ECJ in the areas of judicial Kompetenz Kompetenz and fundamental rights. The third theme reprises the first two and places them in the context of the current debate on the Constitution for Europe and the Convention, taking the perspective of the national courts as the starting point for a wide-ranging examination of EU's constitutional fundamentals. In so doing it argues that the new Constitution must accommodate the national perspective if it is to prove effective.

General

Imprint: Hart Publishing
Country of origin: United Kingdom
Series: Modern Studies in European Law
Release date: March 2006
First published: 2006
Authors: Monica Claes
Dimensions: 234 x 156 x 64mm (L x W x T)
Format: Hardcover
Pages: 818
Edition: Uk Ed.
ISBN-13: 978-1-84113-476-5
Categories: Books > Law > Laws of other jurisdictions & general law > Courts & procedure > General
Books > Law > Laws of other jurisdictions & general law > Constitutional & administrative law > General
Promotions
LSN: 1-84113-476-7
Barcode: 9781841134765

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!

You might also like..

The South African Law Of Persons
Jacqueline Heaton Paperback  (7)
R958 R898 Discovery Miles 8 980
Administrative Justice In South Africa…
G. Quinot Paperback R695 Discovery Miles 6 950
Casebook On The South African Law Of…
Jacqueline Heaton Paperback R489 Discovery Miles 4 890
South African Constitutional Law In…
Pierre de Vos, Warren Freedman Paperback  (1)
R781 Discovery Miles 7 810
Scott on cession: A treatise on the law…
Susan Scott Paperback R1,384 R1,188 Discovery Miles 11 880
Law Of Evidence
A Bellengere, C. Theophilopoulos, … Paperback  (2)
R728 Discovery Miles 7 280
The Bill Of Rights Handbook
I Currie, J.De Waal Paperback  (8)
R1,614 R1,372 Discovery Miles 13 720
The Public's Law - Origins and…
Blake Emerson Hardcover R2,333 Discovery Miles 23 330
Just Responsibility - A Human Rights…
Brooke A. Ackerly Hardcover R3,279 Discovery Miles 32 790
An Impossible Dream? - Racial…
Sharon A. Stanley Hardcover R2,327 Discovery Miles 23 270
The Federal Courts - An Essential…
Peter Charles Hoffer, Williamjames Hull Hoffer, … Hardcover R1,890 Discovery Miles 18 900
EU Justice and Home Affairs Law: EU…
Steve Peers Hardcover R3,893 Discovery Miles 38 930

See more

Partners