Precedents and Case-Based Reasoning in the European Court of Justice PDF Download
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Author: Marc Jacob
Publisher: Cambridge University Press
ISBN: 1139916912
Category : Law
Languages : en
Pages : 357
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Book Description
Past cases are the European Court of Justice's most prominent tool in making and justifying the rulings and decisions which affect the everyday lives of more than half a billion people. Marc Jacob's detailed analysis of the use of precedents and case-based reasoning in the Court uses methods such as doctrinal scholarship, empirical research, institutional analysis, comparative law and legal theory in order to unravel and critique the how and why of the Court's precedent technique. In doing so, he moves the wider debate beyond received 'common law' versus 'civil law' figments and 'Eurosceptic' versus 'Euromantic' battle lines, and also provides a useful blueprint for assessing and comparing the case law practices of other dispute resolution bodies.
Author: Marc Jacob
Publisher: Cambridge University Press
ISBN: 1139916912
Category : Law
Languages : en
Pages : 357
Get Book Here
Book Description
Past cases are the European Court of Justice's most prominent tool in making and justifying the rulings and decisions which affect the everyday lives of more than half a billion people. Marc Jacob's detailed analysis of the use of precedents and case-based reasoning in the Court uses methods such as doctrinal scholarship, empirical research, institutional analysis, comparative law and legal theory in order to unravel and critique the how and why of the Court's precedent technique. In doing so, he moves the wider debate beyond received 'common law' versus 'civil law' figments and 'Eurosceptic' versus 'Euromantic' battle lines, and also provides a useful blueprint for assessing and comparing the case law practices of other dispute resolution bodies.
Author: Marc Jacob
Publisher: Cambridge University Press
ISBN: 1107045495
Category : Law
Languages : en
Pages : 357
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Book Description
Marc Jacob analyses in depth the most important justificatory and decision-making tool of one of the world's most powerful courts.
Author: Marc A. Jacob
Publisher:
ISBN: 9781139922746
Category : Case-based reasoning
Languages : en
Pages : 358
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Book Description
Marc Jacob analyses in depth the most important justificatory and decision-making tool of one of the world's most powerful courts.
Author: Marie De Somer
Publisher: Springer
ISBN: 3319939823
Category : Political Science
Languages : en
Pages : 365
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Book Description
This study explores the use of precedents in the case law of the Court of Justice of the European Union (CJEU). It argues that a strategic use of precedent-based discourses aids the Court in developing its jurisprudence autonomously; that is, independent of the political preferences of EU member states. The study is based on a long-term assessment of CJEU case law in the politically sensitive area of immigration law. It traces the Court’s rulings in this area from the 1970s up until the most recent period. The study identifies a series of consistent discursive patterns that slowly, but surely, moved EU immigration law beyond what member states had intended. The work takes an interdisciplinary approach, engaging with both political science and legal discussions on the Court of Justice and its role in processes of European integration.
Author: András Jakab
Publisher: Cambridge University Press
ISBN: 1108138616
Category : Law
Languages : en
Pages : 867
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Book Description
To what extent is the language of judicial opinions responsive to the political and social context in which constitutional courts operate? Courts are reason-giving institutions, with argumentation playing a central role in constitutional adjudication. However, a cursory look at just a handful of constitutional systems suggests important differences in the practices of constitutional judges, whether in matters of form, style, or language. Focusing on independently-verified leading cases globally, a combination of qualitative and quantitative analysis offers the most comprehensive and systematic account of constitutional reasoning to date. This analysis is supported by the examination of eighteen legal systems around the world including the European Court of Human Rights and the European Court of Justice. Universally common aspects of constitutional reasoning are identified in this book, and contributors also examine whether common law countries differ to civil law countries in this respect.
Author: M. Araszkiewicz
Publisher: IOS Press
ISBN: 1643680498
Category : Computers
Languages : en
Pages : 274
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Book Description
In recent years, the application of machine learning tools to legally relevant tasks has become much more prevalent, and the growing influence of AI in the legal sphere has prompted the profession to take more of an interest in the explainability, trustworthiness, and responsibility of intelligent systems. This book presents the proceedings of the 32nd International Conference on Legal Knowledge and Information Systems (JURIX 2019), held in Madrid, Spain, from 11 to 13 December 2019. Traditionally focused on legal knowledge representation and engineering, computational models of legal reasoning, and analyses of legal data, more recently the conference has also encompassed the use of machine learning tools. A total of 81 submissions were received for the conference, of which 14 were selected as full papers and 17 as short papers. A further 3 submissions were accepted as demo presentations, resulting in a total acceptance rate of 41.98%, with a competitive 25.5% acceptance rate for full papers. The 34 papers presented here cover a broad range of topics, from computational models of legal argumentation, case-based reasoning, legal ontologies, and evidential reasoning, through classification of different types of text in legal documents and comparing similarities, to the relevance of judicial decisions to issues of governmental transparency. The book will be of interest to all those whose work involves the use of knowledge and information systems in the legal sphere.
Author: Paul Felix Lazarsfeld
Publisher: Ardent Media
ISBN:
Category :
Languages : en
Pages : 28
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Book Description
Author: Gleider Hernandez
Publisher:
ISBN: 0199646635
Category : Law
Languages : en
Pages : 369
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Book Description
The International Court of Justice embodies a compromise between ideas of state sovereignty and pressures for a stronger 'international community'. This book elaborates on the Court's role in the international legal system, and argues that as a result of this tension, the Court's contribution to international law is subtle rather than progressive.
Author: Eric De Brabandere
Publisher: Cambridge University Press
ISBN: 1108963218
Category : Law
Languages : en
Pages : 445
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Book Description
The settlement of interstate disputes through recourse to courts and tribunals has grown gradually over the years, not only through the creation of new mechanisms to that effect, but also by using existing courts and tribunals. How these different international dispute settlement mechanisms operate in theory and practice is the subject of this comparative analysis by academic and practicing lawyers. The book takes stock of the procedure applicable in various interstate dispute settlement bodies, including international and regional courts and tribunals, and arbitration. This comparative view is essential to a better understanding of the strengths and weaknesses of the various procedural rules and regulations and the practical operation of international litigation. This book is aimed not only at scholars, but also at the courts and tribunals themselves, assisting them in revising their procedures, and at States and organisations developing future international legal mechanisms.
Author: Steven Greer
Publisher: Cambridge University Press
ISBN: 1108647456
Category : Law
Languages : en
Pages : 562
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Book Description
Confusion about the differences between the Council of Europe (the parent body of the European Court of Human Rights) and the European Union is commonplace amongst the general public. It even affects some lawyers, jurists, social scientists and students. This book will enable the reader to distinguish clearly between those human rights norms which originate in the Council of Europe and those which derive from the EU, vital for anyone interested in human rights in Europe and in the UK as it prepares to leave the EU. The main achievements of relevant institutions include securing minimum standards across the continent as they deal with increasing expansion, complexity, multidimensionality, and interpenetration of their human rights activities. The authors also identify the central challenges, particularly for the UK in the post-Brexit era, where the components of each system need to be carefully distinguished and disentangled.
