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Vol 23 No 9 Sept/Oct 2018

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Cover of Service Charges: Law and Practice

Service Charges: Law and Practice

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Biall2018b
Blackstone 2019
Lexis taking security
Lexis insolvency legislation
Archbold 2019 out now

EU Law, Fundamental Rights and National Democracy


ISBN13: 9780815385967
To be Published: December 2018
Publisher: Routledge
Country of Publication: UK
Format: Hardback
Price: £115.00



The orthodox view is that rights complement democracy. This book critically examines this view in the context of EU fundamental rights, specifically in situations where EU law requires member states to respect EU fundamental rights. It first sets out a legal theoretical account of how human rights can complement democracy. It argues that they can do only if they are understood as both the conditions for the democratic process, and the outcome of such a democratic process. In light of this legal theoretical account of human rights, this book examines the demands which the Court of Justice of the EU imposes on the national orders in respect of EU fundamental rights. The conclusion reached is that the demands which EU fundamental rights impose on national legal orders entail a cost for the democratic legitimacy of those legal orders. Ultimately, accepting the demands of the CJEU in respect of EU fundamental rights may require the national legal order to abandon its commitment to protecting the human rights which are the foundation of the national legal order’s very legitimacy.

Subjects:
Human Rights and Civil Liberties, EU Law
Contents:
Chapter 1: Introduction
PART I
Capter 2: The Legitimacy of National Law
Chapter 3: Democracy and Human Rights
Chapter 4: Human Rights, Courts and Democracy
PART II
Chapter 5: The EU and the Member States
Chapter 6: The Point of Fundamental Rights in EU Law
Chapter 7: The Foundations of EU Fundamental Rights
Chapter 8: The EU Citizen as a Bearer of EU Rights
Chapter 9: Conclusion