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Constructing Legal Systems: "European Union" in Legal Theory (Hardcover, Reprinted from LAW AND PHILOSOPHY, 16:4, 1997)
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Constructing Legal Systems: "European Union" in Legal Theory (Hardcover, Reprinted from LAW AND PHILOSOPHY, 16:4, 1997)
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Legal theory has been much occupied with understanding legal
systems and analysing the concept of legal system. This has usually
been done on the tacit or explicit assumption that legal systems
and states are co-terminous. But since the Rome Treaty there has
grown up in Europe a `new legal order', neither national law nor
international law, and under its sway older conceptions of state
sovereignty have been rendered obsolete. At the same time, it has
been doubted whether the `European Union' that has grown out of the
original `European Communities' has a satisfactory constitution or
any constitution at all. What kind of legal and political entity is
this `Union' and how does it relate juridically and politically to
its member states? Further, the activity of construing or
constructing `legal system' and legal knowledge becomes visibly
problematic in this context. These essays wrestle with the above
problems.
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