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This book of essays, written in honour of Professor David Trubek,
explores many of the themes which he has himself written about,
most notably the emergence of a global critical discourse on law
and its application to global governance. As law becomes ever more
implicated in global governance and as processes related to and
driven by globalisation transform legal systems at all levels, it
is important that critical traditions in law adapt to the changing
legal order and problematique. The book brings together critical
scholars from the EU, and North and South America to explore the
forms of law that are emerging in the global governance context,
the processes and legal roles that have developed, and the critical
discourses that have been formed. By looking at critical appraisals
of law at the global, regional and national level, the links among
them, and the normative implications of critical discourses, the
book aims to show the complexity of law in today's world and
demonstrate the value of critical legal thought for our
understanding of issues of contemporary governance and regulation.
Scholars from many countries contribute critical studies of global
and regional institutions, explore the governance of labour and
development policy in depth, and discuss the changing role of
lawyers in global regulatory space.
Constitutional Change through Euro-Crisis Law contains a
comparative constitutional analysis of the impact of a very broad
range of euro-crisis law instruments on the EU and national
constitutions. It covers contrasting assessments of the impact of
euro-crisis law on national parliaments, various types of criticism
on the EU economic governance framework, different views on what is
needed to improve the multilevel system of economic governance, and
valuable insights into the nature of emergency discourse in the
legislative arena and of the spillover from the political to the
judicial sphere. In addition, it deals with how bailout countries,
even if part of the same group of euro area Member States subject
to a programme, have reacted differently to the crisis.
This volume on the law of the European Union focuses on
contemporary challenges to EU legality. Such challenges include
actions or activities that cast doubt on, or sit uncomfortably
with, the premises, principles, and norms that underpin the EU's
legal order as proclaimed by the Treaties and the authoritative
judgments of the European Court. These premises, principles, and
norms range from the precisely formulated to the noticeably vague.
The book develops a broader theoretical perspective as well as
delving into a range of substantive areas including the Common
Foreign and Security Policy, the EU's relationship with
international law, migration, the sovereign debt crisis, and
Brexit.
In this collection of essays, originally presented at the Academy
of European Law in Florence, the changing landscape of the EU's
legal acts is explored. Further to this, the changing boundaries
between legal acts and processes which may create norms but do not
create 'law' in the traditional sense are analysed. This landscape
is presented in two ways. Firstly, by focusing on the
transformations and challenges to the EU's traditional legal acts,
in particular since the reconfiguration of the categories of legal
acts and the procedures for which they are adopted by the Lisbon
Treaty. Secondly, the collection focuses on those acts found at (or
beyond) the margin of classic EU legal acts, including acts of
Member States such as inter se treaties; self-regulation and
collective agreements; so-called soft law; and decision-making
outside the normal legislative procedures. The volume endeavours to
explain the adaptability of the EU legal order despite the fact
that the legal instruments at the Union's disposal have not
fundamentally changed since the Treaty of Rome came into force 60
years ago. It explores the challenges that new decisional
procedures and variations in the legal quality of EU acts pose for
the EU's legal order, including alterations to institutional
balance and the roles of the different institutional actors and
challenges to the rule of law.
Constitutional Change through Euro-Crisis Law contains a
comparative constitutional analysis of the impact of a very broad
range of euro-crisis law instruments on the EU and national
constitutions. It covers contrasting assessments of the impact of
euro-crisis law on national parliaments, various types of criticism
on the EU economic governance framework, different views on what is
needed to improve the multilevel system of economic governance, and
valuable insights into the nature of emergency discourse in the
legislative arena and of the spillover from the political to the
judicial sphere. In addition, it deals with how bailout countries,
even if part of the same group of euro area Member States subject
to a programme, have reacted differently to the crisis.
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Who's on the farm?
Claire Kilpatrick, Michelle Kilpatrick
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R233
Discovery Miles 2 330
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Ships in 10 - 15 working days
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At the beginning of 2015, the Court of Justice opened its archives,
which created a new and challenging primary source for those
studying the Court of Justice: the dossiers de procedure which
contain much more than the contemporary documents published by the
Court. This volume includes five chapters which analyse the
activities of the Court of Justice from a highly diverse range of
non-doctrinal perspectives. However, they also highlight
significant new developments at the Court itself which attract
attention and deserve analysis. Thus, the idea behind this volume
is to make available new tools and approaches through which the
activities of the Court of Justice can be studied. It shows a more
intense engagement with scholars across disciplines to reflect on
law and courts, with the Court of Justice as a central focus, and
new methods (such as network citation analysis) and sources (such
as the Court's archives) being discovered and developed. It also
shows a more intense and deeply knowledgeable engagement with EU
law and the Court of Justice by non-legal scholars, such as the new
sociologies and histories of the Court of Justice. These and other
new approaches have spawned productive and ongoing conversations
across disciplines.
Remedies lie at the heart of European legal systems. They both
reflect and shape the balance of power between states and
individuals and between state and supranational institutions. These
profound political implications can be better understood by
thinking about the functional roles and institutional histories of
remedies. These implications,roles and histories are considered in
this volume of challenging and original essays on remedial systems
in Europe. This book explores the lively and often controversial
dialogues between courts, national and supranational, on remedies.
In so doing, it addresses the adequacy of these dialogues in the
light of perceived systemic goals, both in an overall institutional
sense and as regards specific sectoral objectives or institutional
actors' aspirations. In particular, the book looks at the way in
which remedies in the EC legal order interact with those in other
legal orders such as the Council of Europe and private
international law. It also identifies problems of interaction
between different Council of Europe mechanisms under the Convention
on Human Rights and the Social Charter. The book also examines the
contribution of courts to remedial systems by considering other
methods of formulating and redressing claims. Contributors: Claire
Kilpatrick, Takis Tridimas, Leo Flynn, Antonio Lo Faro, Carol
Harlow, Steve Weatherill, Bernard Ryan, Miguel Poiares Maduro,
Henry G.Schermers, Angela Ward, Paul Beaumont, Robin White, Phil
Syrpis, Tonia Novitz, Richard Rawlings.
This book of essays, written in honour of Professor David Trubek,
explores many of the themes which he has himself written about,
most notably the emergence of a global critical discourse on law
and its application to global governance. As law becomes ever more
implicated in global governance and as processes related to and
driven by globalisation transform legal systems at all levels, it
is important that critical traditions in law adapt to the changing
legal order and problematique. The book brings together critical
scholars from the EU, and North and South America to explore the
forms of law that are emerging in the global governance context,
the processes and legal roles that have developed, and the critical
discourses that have been formed. By looking at critical appraisals
of law at the global, regional and national level, the links among
them, and the normative implications of critical discourses, the
book aims to show the complexity of law in today's world and
demonstrate the value of critical legal thought for our
understanding of issues of contemporary governance and regulation.
Scholars from many countries contribute critical studies of global
and regional institutions, explore the governance of labour and
development policy in depth, and discuss the changing role of
lawyers in global regulatory space.
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