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The Sovereignty Of Law

Author: Francis G. Jacobs
Publisher: Cambridge University Press
ISBN: 9780521703857
Size: 18.57 MB
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Author was formerly Advocate-General at the European Court of Justice in Luxembourg.

Northern Europe And The Future Of The Eu

Author: Helge Hoibraaten
Publisher: BWV Verlag
ISBN: 3830527047
Size: 63.35 MB
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HauptbeschreibungThe current relationship between the Nordic countries and the European Union appears complex and confusing. Although Denmark, in 1973, and Sweden and Finland, in 1995, joined the European Union, the entry of Norway into the Union was rejected in the plebiscites of 1972 and 1994. Furthermore, Nordic EU members enjoy permanent exceptions to their integration into the EU: Denmark and Sweden, like the U.K., have declined to become part of the monetary union. Finland is essentially the only Nordic country that entered the EU without substantial exceptions. A membership bid from Iceland was unthinkable; after the fi nancial crisis - which is not the topic of this book - Iceland applied for membership in 2010 and has been in discussions with the European Commission ever since. In other words: the European Union divides Nordic societies, which has resulted in a series of national exceptions to the integration process. Taken together, these exceptions have created an integration process whose overall geometry is contradictory and paradoxical. Considering this melange, this book will discuss the actual state of Nordic integration into the EU from many different perspectives and illuminate future developments in the fi eld of integration. Where is the North relative to Europe today? How can the geometry of Northern Europe's integration, developed over a long time, be characterised? What are the challenges that threaten further development of Nordic-European relationships?

The Common Law Constitution

Author: John Laws
Publisher: Cambridge University Press
ISBN: 1107077729
Size: 63.10 MB
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"The law is not a science, for its purpose is not to find out natural facts. It is an art as architecture is an art: its function is practical, but it is enhanced by such qualities as elegance, economy and clarity. The law has two practical purposes: first, to require, forbid or penalise forms of conduct between citizen and citizen, and citizen and State; secondly, to provide formal rules for classes of human activity whose fulfilment would otherwise be confused, uncertain or ineffective. Laws in the former category include every provision for a remedy"--

Oxford Principles Of European Union Law

Author: Robert Schütze
Publisher: Oxford University Press
ISBN: 0191058793
Size: 60.81 MB
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Since the 1957 Rome Treaty, the European Union has changed dramatically - in terms of its composition, scope and depth. Originally established by six Western European States, the EU today has 28 Members and covers almost the entire European continent; and while initially confined to establishing a "common market", the EU has come to influence all areas of political, economic and social life. In parallel with this enormous geographic and thematic expansion, the constitutional and legislative principles underpinning the European Union have constantly evolved. This three-volume study aims to provide an authoritative academic treatment of European Union law. Written by leading scholars and practitioners, each chapter offers a comprehensive and critical assessment of the state of the law. Doctrinal in presentation, each volume nonetheless tries to present a broader historical and comparative perspective. Volume I provides an analysis of the constitutional principles governing the European Union. It covers the history of the EU, the constitutional foundations, the institutional framework, legislative and executive governance, judicial protection, and external relations. Volume II explores the structure of the internal market, while Volume III finally analyses the internal and external substantive policies of the EU.

Can Human Rights Survive

Author: Conor Gearty
Publisher: Cambridge University Press
ISBN: 131645052X
Size: 30.32 MB
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In this set of three essays, originally presented as the 2005 Hamlyn Lectures, Conor Gearty considers whether human rights can survive the challenges of the war on terror, the revival of political religion, and the steady erosion of the world's natural resources. He also looks deeper than this to consider the fundamental question: How can we tell what human rights are? In his first essay, Gearty asks how the idea of human rights needs to be made to work in our age of relativism, uncertainty and anxiety. In the second, he assesses how the idea of human rights has coped with its incorporation in legal form in the UK Human Rights Act, arguing that the record is much better and more democratic than many human rights enthusiasts allow. In his final essay, Gearty confronts the challenges that may destroy the language of human rights for the generations that follow us.

Parliamentary Sovereignty

Author: Jeffrey Goldsworthy
Publisher: Cambridge University Press
ISBN: 1139491512
Size: 70.89 MB
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This book has four main themes: (1) a criticism of 'common law constitutionalism', the theory that Parliament's authority is conferred by, and therefore is or can be made subordinate to, judge-made common law; (2) an analysis of Parliament's ability to abdicate, limit or regulate the exercise of its own authority, including a revision of Dicey's conception of sovereignty, a repudiation of the doctrine of implied repeal and the proposal of a novel theory of 'manner and form' requirements for law-making; (3) an examination of the relationship between parliamentary sovereignty and statutory interpretation, defending the reality of legislative intentions, and their indispensability to sensible interpretation and respect for parliamentary sovereignty; and (4) an assessment of the compatibility of parliamentary sovereignty with recent constitutional developments, including the expansion of judicial review of administrative action, the Human Rights and European Communities Acts and the growing recognition of 'constitutional principles' and 'constitutional statutes'.

Ashes And Sparks

Author: Stephen Sedley
Publisher: Cambridge University Press
ISBN: 1139497146
Size: 77.83 MB
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As a practising barrister, the Rt. Hon. Lord Justice Sedley wrote widely on legal and non-legal matters, and continued to do so after becoming a judge in 1992. This anthology contains classic articles, previously unpublished essays and lecture transcripts. To each, he has added reflections on what has transpired since or an explanation of the British legal and political context that originally prompted it. Covering the history, engineering and architecture of the justice system, their common theme relates to the author's experiences as a barrister and judge, most notably in relation to the constitutional changes which have emerged in the last twenty years in the United Kingdom.