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The Transformation or Reconstitution of Europe - The Critical Legal Studies Perspective on the Role of the Courts in the European Union (Hardcover)
Loot Price: R3,179
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The Transformation or Reconstitution of Europe - The Critical Legal Studies Perspective on the Role of the Courts in the European Union (Hardcover)
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It is generally understood that EU law as interpreted by the ECJ
has not merely reconstituted the national legal matrix at the
supranational level, but has also transformed Europe and shaken the
well-established, often formalist, ways of thinking about law in
the Member States. This innovative new study seeks to examine such
a narrative through the lens of the American critical legal studies
(CLS) perspective. The introduction explains how the editors
understand CLS and why its methodology is relevant in the European
context. Part II examines whether and how judges embed policy
choices or even ideologies in their decisions, and how to detect
them. Part III assesses how the ECJ acts to ensure the legitimacy
of its decisions, whether it resists implementing political
ideologies, what the ideology of European integration is, and how
the selection of judges influences these issues. Part IV uses the
critical perspective to examine some substantive parts of EU law,
rules on internal and external movement, and the European arrest
warrant. It seeks to determine whether the role of the ECJ has
really been transformative and whether that transformation is
reversible. Part V considers the role of academics in shaping the
narratives of EU integration.
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