Eu Treaties and the Judicial Politics of National Courts: A Law and Politics Approach

ISBN-13: 9781138066748 / Angielski / Miękka / 2017 / 234 str.

Pablo Jose Castillo Ortiz

Opis

Bridging the gap between the disciplines of law and politics, this book presents a comprehensive review and analysis of the participation of national higher courts with powers of constitutional review throughout the ratification processes of European Union treaties. Unlike most studies of judicial behaviour, which focus on decisions on the merits, this book analyses interpretative decisions in the rulings. By focusing on the rulings of these courts and the political environment in which these rulings were issued, the author demonstrates that powers of constitutional review have been essential to EU Treaty reform.

Spis treści

Contents: 1. National Higher Courts and Processes of Ratification of European Union Treaties  2. Constructing a Model of Judicial Behavior. Theoretical Framework  3. EU Primary Law Before the Guardians of the Constitution: Courts’ Decisions On the Merits  4. Kompetenz-Kompetenz: The Doctrine of The Last Say. The Interpretative Decisions of Courts  5. The Legal Dimension: Assessing Judicial Behaviour From the Viewpoint of Legal Rules  6.The Political Dimension: a Pro-ratification Context  7. The Judicial Dimension: Institutional Design and Decisional Dynamics  8. Judicial Behaviour as a Result of Complex Causation: a QCA Approach to the Juridical Dynamics of Treaty Ratification  9. Conclusions and Some Final Reflections

O autorze

Pablo José Castillo Ortiz is Lecturer in Law at The University of Sheffield, UK.