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The Rule of Law in European Integration - The Path of the Schuman Plan (Paperback)
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The Rule of Law in European Integration - The Path of the Schuman Plan (Paperback)
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This pathbreaking book "remains the definitive analysis of the
first crucial decade of the formulation of the Constitution of
Europe by at the time a little-known court. It must be read by all
serious scholars of European integration." - Malcolm M. Feeley
(University of California at Berkeley), from the new Foreword. In
the early days of what would become the European Union, the new
entity had a weak and ill-defined legislature and executive. And
the European Court of Justice, whose decisions, actions, and even
inactions subtly paved the way to a continent's integration.
"Scheingold showed that its efforts, deftly melding law and
politics, were a success beyond mere dispute-resolution and
development of legal doctrine," writes Feeley in the new
introduction to this classic study. "He was well aware that he was
present at the creation of a powerful new institution. Yet he stood
virtually alone in seeing what such an institution, using its power
this way, could realize in terms of political integration. The
resulting book was a masterpiece." The formative years of the EU
relied on consensus and legal processes, and an emerging, agile
Court-but not on the predictable analogy to federalization as in
U.S. Constitutional law-to evolve integration and respect for a
higher authority than national law. Scheingold reveals these
insights by examining political activity with his in-the-trenches
research more than by the customary analysis of doctrine. Presented
in a new, affordable printing with modern formatting and the new
Foreword, the book is part of the Classics of Law & Society
Series from Quid Pro Books. It embeds the original pagination, to
enhance referencing and citations from previous printings and to
allow continuity with the new digital edition.
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