UID:
almafu_9961878874202883
Format:
1 online resource (388 pages)
Edition:
First edition.
ISBN:
9781035313518
,
1035313510
Content:
"Addressing the tensions between the political and the legal dimension of European integration as well as intra-institutional dynamics, this insightful book navigates the complex topic of judicial politics. Providing an overview of key topics in the current debate and including an introductory chapter on different conceptions of judicial politics, experts in law and politics interrogate the broader political role of the European Court of Justice. Revisiting Judicial Politics in the European Union explores the variety of interactions between legal and political actors across sensitive policy fields, as well as different ways in which legal institutions engage with political or moral norms. Chapters discuss institutional balance in the EU, the role of judges and experts in judicial politics, the place of fundamental rights in matters of jurisdiction, and the relationship between ordinary national courts and the European Court of Justice. This timely book provides a unique understanding of the enduring impact of judicial politics in the EU. It will be essential reading for academics studying constitutional and administrative law, European law, and politics, as well as for EU law practitioners and experts working within the EU institutions"--
Note:
Front Matter -- Copyright -- Contents -- Contributors -- Acknowledgments -- 1. Introduction: locating judicial politics -- 2. Revisiting Europe's 'law-politics imbalance' -- 3. Contesting EU law in identity terms -- 4. Beyond judicial activism: Europe's judicial narratives and the polity-cal role of the Court of Justice -- 5. The judicial politics of solidarity -- 6. Judicial politics in the EU rule of law crisis -- 7. The Court of Justice: a fundamental rights institution among others within the EU legal order -- 8. Unstable structures: the institutional balance and the European Court of Justice -- 9. Governing the internal market: from judicial politics to ordinary politics -- 10. When EU Courts meet science: judicial review of science-based measures post-Pfizer -- 11. 'Judicial passivism' in EU migration and asylum law revisited -- 12. The CJEU and climate (in)activism? -- 13. Judicial control of the politics of differentiated integration -- 14. The European Court of Justice, an able and unwilling lawmaker: evidence from 920 free movement of persons judgments -- 15. The activism of national constitutional courts in interpreting EU law -- 16. Comparing the activist claim between Strasbourg and Luxembourg in the field of non-discrimination -- 17. The role of judges in academic and political discourse -- Index.
Additional Edition:
ISBN 9781035313501
Additional Edition:
ISBN 1035313502
Language:
English