Europe's Passive Virtues PDF Download
Are you looking for read ebook online? Search for your book and save it on your Kindle device, PC, phones or tablets. Download Europe's Passive Virtues PDF full book. Access full book title Europe's Passive Virtues by Jan Zglinski. Download full books in PDF and EPUB format.
Author: Jan Zglinski
Publisher: Oxford University Press
ISBN: 0192583255
Category : Law
Languages : en
Pages : 257
Get Book Here
Book Description
The European Court of Justice has been celebrated as a central force in the creation and deepening of the EU internal market. Yet, it has also been criticized for engaging in judicial activism, restricting national regulatory autonomy, and taking away the powers of Member State institutions. In recent years, the Court appears to afford greater deference to domestic actors in free movement cases. Europe's Passive Virtues explores the scope of and reasons for this phenomenon. It enquires into the decision-making latitude given to the Member States through two doctrines: the margin of appreciation and decentralized judicial review. At the heart of the book lies an original empirical study of the European Court's free movement jurisprudence from 1974 to 2013. The analysis examines how frequently and under which circumstances the Court defers to national authorities. The results suggest that free movement law has substantially changed over the past four decades. The Court is leaving a growing range of decisions in the hands of national law-makers and judges, a trend that affects the level of scrutiny applied to Member State action, the division of powers between the European and national judiciary, and ultimately the nature of the internal market. The book argues that these new-found 'passive virtues' are linked to a series of broader political, constitutional, and institutional developments that have taken place in the EU.
Author: Jan Zglinski
Publisher: Oxford University Press
ISBN: 0192583255
Category : Law
Languages : en
Pages : 257
Get Book Here
Book Description
The European Court of Justice has been celebrated as a central force in the creation and deepening of the EU internal market. Yet, it has also been criticized for engaging in judicial activism, restricting national regulatory autonomy, and taking away the powers of Member State institutions. In recent years, the Court appears to afford greater deference to domestic actors in free movement cases. Europe's Passive Virtues explores the scope of and reasons for this phenomenon. It enquires into the decision-making latitude given to the Member States through two doctrines: the margin of appreciation and decentralized judicial review. At the heart of the book lies an original empirical study of the European Court's free movement jurisprudence from 1974 to 2013. The analysis examines how frequently and under which circumstances the Court defers to national authorities. The results suggest that free movement law has substantially changed over the past four decades. The Court is leaving a growing range of decisions in the hands of national law-makers and judges, a trend that affects the level of scrutiny applied to Member State action, the division of powers between the European and national judiciary, and ultimately the nature of the internal market. The book argues that these new-found 'passive virtues' are linked to a series of broader political, constitutional, and institutional developments that have taken place in the EU.
Author: Jan Zglinski
Publisher:
ISBN: 0198844794
Category : Law
Languages : en
Pages : 257
Get Book Here
Book Description
This book investigates the Court of Justice's practice of deferring to Member State authorities in free movement law, examining the decision-making latitude accorded to national institutions by means of two deference doctrines, the margin of appreciation and decentralised judicial review.
Author: Grant Huscroft
Publisher: Cambridge University Press
ISBN: 9780521887410
Category : Law
Languages : en
Pages : 332
Get Book Here
Book Description
What does it mean to interpret the constitution? Does constitutional interpretation involve moral reasoning, or is legal reasoning something different? What does it mean to say that a limit on a right is justified? How does judicial review fit into a democratic constitutional order? Are attempts to limit its scope incoherent? How should a jurist with misgivings about the legitimacy of judicial review approach the task of judicial review? Is there a principled basis for judicial deference? Do constitutional rights depend on the protection of a written constitution, or is there a common law constitution that is enforceable by the courts? How are constitutional rights and unwritten constitutional principles to be reconciled? In this book, these and other questions are debated by some of the world's leading constitutional theorists and legal philosophers. Their essays are essential reading for anyone concerned with constitutional rights and legal theory.
Author: Guido Calabresi
Publisher: The Lawbook Exchange, Ltd.
ISBN: 1584770406
Category : Law
Languages : en
Pages : 348
Get Book Here
Book Description
Calabresi complains that we are "choking on statutes" and proposes a restoration of the courts to their common law function. From a series of lectures given by Calabresi as part of The Oliver Wendell Holmes Lectures delivered at Harvard Law School in March 1977. "In his most recent publication, A Common Law for the Age of Statutes, based on the Oliver Wendell Holmes lectures he delivered at Harvard in March of 1977, Professor Calabresi has brought his ample juristic talents to bear on a foundational problem of the legal and democratic process. He has produced a monograph that in its quality, timeliness and provocativeness is likely to stand alongside the seminal works of Ronald Dworkin and Grant Gilmore." --Allan C. Hutchinson and Derek Morgan, 82 Columbia Law Review (1982) 1752. GUIDO CALABRESI [b. 1932] is Sterling Emeritus Professor of Law and Professorial Lecturer in Law at Yale Law School. He was Dean of Yale Law School from 1985-1994 and became a United States Circuit Judge in 1994. He is also the author of The Costs of Accidents (1970), Tragic Choices (1978) and Ideals, Beliefs, Attitudes, and the Law (1985).
Author: Francis Hutcheson
Publisher:
ISBN:
Category : Aesthetics
Languages : en
Pages : 340
Get Book Here
Book Description
Author: John R. Bowlin
Publisher: Princeton University Press
ISBN: 0691191697
Category : Philosophy
Languages : en
Pages : 276
Get Book Here
Book Description
In a pluralistic society such as ours, tolerance is a virtue—but it doesn't always seem so. Some suspect that it entangles us in unacceptable moral compromises and inequalities of power, while others dismiss it as mere political correctness or doubt that it can safeguard the moral and political relationships we value. Tolerance among the Virtues provides a vigorous defense of tolerance against its many critics and shows why the virtue of tolerance involves exercising judgment across a variety of different circumstances and relationships—not simply applying a prescribed set of rules. Drawing inspiration from St. Paul, Aquinas, and Wittgenstein, John Bowlin offers a nuanced inquiry into tolerance as a virtue. He explains why the advocates and debunkers of toleration have reached an impasse, and he suggests a new way forward by distinguishing the virtue of tolerance from its false look-alikes, and from its sibling, forbearance. Some acts of toleration are right and good, while others amount to indifference, complicity, or condescension. Some persons are able to draw these distinctions well and to act in accord with their better judgment. When we praise them as tolerant, we are commending them as virtuous. Bowlin explores what that commendation means. Tolerance among the Virtues offers invaluable insights into how to live amid differences we cannot endorse—beliefs we consider false, actions we think are unjust, institutional arrangements we consider cruel or corrupt, and persons who embody what we oppose.
Author: Julie Dickson
Publisher: OUP Oxford
ISBN: 0191652164
Category : Law
Languages : en
Pages : 668
Get Book Here
Book Description
The supranational law of the European Union represents a uniquely powerful, far-reaching, and controversial instance of the growth of international legal governance, one that has forever altered the political and legal landscape of its Member States. The EU has attracted significant attention from political scientists, economists, and lawyers who have analysed its polity and constructed theoretical models of the integration process. Yet it has been almost entirely neglected by analytic philosophers, and the philosophical tools that have been developed to analyse and evaluate the Union are still in their infancy. This book brings together legal philosophers, political philosophers, and EU legal academics in the service of developing the philosophical analysis of EU law. In a series of original and complementary essays they bring their varied disciplinary expertise and theoretical perspectives to bear on central issues facing the Union and its law. Combining both abstract thought in legal and political philosophy and more tangible theoretical work on specific legal issues, the essays in this volume make a significant contribution to developing work on the philosophical foundations of EU law, and will engender further debate between philosophers, political philosophers, and EU legal academics. They will be of interest to all those engaged in understanding the nature and purpose of this unique legal entity.
Author: Marcus Klamert
Publisher:
ISBN: 0199683123
Category : Law
Languages : en
Pages : 354
Get Book Here
Book Description
The principle of loyalty requires the EU and its Member States to co-operate sincerely towards the implementation of EU law. Under the principle, the European courts have developed significant public law duties on States to deepen the reach of EU law. This is the first full-length analysis of the loyalty principle and its legal implications.
Author: Anthony Arnull
Publisher: Oxford University Press, USA
ISBN: 9780199257102
Category : Law
Languages : en
Pages : 562
Get Book Here
Book Description
The European Union's growing accountability deficit threatens to undermine its legitimacy; accordingly, member states have agreed to negotiate a new set of Treaty changes in 2004. These essays consider various aspects of accountability and legitimacy in the European Union.
Author: Luke Dimitrios Spieker
Publisher: Oxford University Press
ISBN: 0198876734
Category : Law
Languages : en
Pages : 385
Get Book Here
Book Description
The European Union's values - enshrined in Article 2 TEU - have come under severe pressure in several Member States. In response, the Court of Justice has set a spectacular development in motion. With its ruling in Associação Sindical dos Juízes Portugueses it activated the Union's common values and positioned Article 2 TEU at the very heart of its jurisprudence. Turning Article 2 TEU into an operational, judicially applicable provision, the Court has begun to assess the Member States' constitutional structures against these yardsticks. Since then, the jurisprudence has evolved with remarkable speed. EU Values Before the Court of Justice provides a first comprehensive study of the judicial mobilisation of Article 2 TEU. It starts by developing the foundations of this emerging jurisprudence in empirical, doctrinal, and theoretical terms. In this book, Spieker seeks to advance a new understanding of Article 2. He argues that the provision should be understood as having a dual character that resonates between two dimensions, namely an EU dimension limited to the EU legal order and a 'Verbund' dimension that extends to the common whole of the Union and its Member States. Article 2 plays different roles in these two spheres - as thick constitutional core of the EU legal order and as thin constitutional frame for the 'Verbund'. This dual character should guide the provision's future judicial development. The book sets out to explore the multifaceted potential of Article 2 TEU in each of these two dimensions. As such, it goes far beyond the current focus on illiberal developments in Member States and strives to broaden our horizon for the judicial mobilisation of EU values. The book closes by assessing the risks of placing an activated Article 2 into the hands of Luxembourg judges and proposes ways to recalibrate the jurisprudence.
