The Limits of Legal Reasoning and the European Court of Justice

ISBN-13: 9781107001398 / Angielski / Twarda / 2012 / 344 str.

Gerard Conway

Opis

Gerard Conway explains how judges of the ECJ should be understood as sharing the same interpretative perspective as the law-maker.

Recenzje

'… well worth studying closely … based on thorough research and knowledge of the case law and of EU law, and also of the relevant literature.' Joxerramon Bengoetxea, European Constitutional Law Review

Spis treści

1. Introduction and overview: interpretation and the European Court of Justice; 2. Reading the Court of Justice; 3. Reconceptualising the legal reasoning of the Court of Justice: interpretation and its constraints; 4. Retrieving a separation of powers in the EU; 5. EU law and a hierarchy of interpretative techniques; 6. Levels of generality and originalist interpretation in EU law; 7. Subjective originalist interpretation in EU law; 8. Conclusion.