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Edited by: Mark Arnold KC, Simon Mortimore KC
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Lord Denning: Life, Law and Legacy



  


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The Legal Order of the European Union: The Institutional Role of the European Court of Justice


ISBN13: 9780415529709
Published: May 2014
Publisher: Routledge
Country of Publication: UK
Format: Hardback
Price: £125.00
Paperback edition , ISBN13 9781138685116



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Positivist and non-positivist theoretical accounts of the concept or practice of law have debated the role played by values as possible features of legal ordering or possible conditions of legality. These debates concern whether law is properly understood as a descriptively accessible social fact, or is linked to a discursively accessible realm of 'abstract' normativity. Such debates arguably fail to fully account for the sense in which values operate within the legal order of the European Union, an order which is based upon the realisation of a complex objective, that of European integration. This legal order illustrates that, providing the moral concerns associated with 'rule of law' legal orders are maintained, additional values relating to the achievement of a co-operative political, social or economic enterprise can operate as fundamental or higher legal standards.

The book considers the values underlying legal ordering by reference to the law of the European Union and as expressed through the practices of the European Court of Justice. The book examines the relationship between Union and Member State legal orders and the institutional practices of the Court of Justice in giving effect to the values associated with the Union legal order. The conditioning of Union legal demands to take in institutional context is contrasted with the potential legal authority arising under the Treaties as a matter of international law. The book combines diverse theoretical insights regarding law along with analysis of case judgments of the Court of Justice in order to show how the EU legal order is indicative of a broader understanding of the role of values within legal orders than that portrayed in current theoretical accounts.

Subjects:
EU Law
Contents:
1. Introduction
2. Theoretical Perspectives on Laws and Values
3. The European Union and its Court of Justice
4. Institutional Perspectives on the Legal Order of the European Union
5. The Values of the European Union Legal Order: Constitutional perspectives
6. Union Members State Kompetenz Kompetenz: Constitutional quesstions in the relationship between Union and domestic orders
7. European Union Law as International Law
8. Conclusions

Series: Routledge Research in EU Law

The European Union as a Normative Power: The Role of the CJEU ISBN 9781032441108
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Delegation of Powers in the EU Legal System ISBN 9781032004044
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£38.99
Delegation of Powers in the EU Legal System (eBook) ISBN 9781000563467
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Delegation of Powers in the EU Legal System ISBN 9780367710927
Published March 2022
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Constitutional Law and the EU Balanced Budget Principle (eBook) ISBN 9781351723510
Published November 2021
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£40.49
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Constitutional Law and the EU Balanced Budget Principle ISBN 9781138742871
Published November 2021
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£140.00
£130.00
The EU Social Market Economy: Theoretical Perspectives and Practical Challenges
Edited by: Delia Ferri
ISBN 9781138478480
Published July 2018
Routledge
£130.00
EU Energy Relations With Russia ISBN 9781138041752
Published March 2018
Routledge
£120.00
Managing the Euro Crisis: National EU Policy Coordination in the Debtor Countries
Edited by: Sabrina Ragone
ISBN 9781138123793
Published November 2017
Routledge
£120.00
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£38.99
The Right to Family Life in the European Union ISBN 9781138186279
Published January 2017
Routledge
£120.00
The Right to Family Life in the European Union (eBook) ISBN 9781317287582
Published January 2017
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£38.69
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Global Data Protection in the Field of Law Enforcement ISBN 9781138655386
Published June 2016
Routledge
£125.00
£125.00
European Perspectives on Environmental Law and Governance ISBN 9781138809680
Published June 2014
Routledge
£46.99
European Perspectives on Environmental Law and Governance ISBN 9780415500067
Published October 2012
Routledge
£125.00
The Evolving EU Counter-terrorism Legal Framework (eBook) ISBN 9781136493836
Published December 2011
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£38.99
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The Evolving EU Counter-terrorism Legal Framework ISBN 9780415557580
Published December 2011
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Turkey’s Accession to the European Union: The Politics of Exclusion? ISBN 9780415577854
Published September 2010
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£36.99
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New Governance and the European Strategy for Employment ISBN 9780415467797
Published March 2010
Routledge
£130.00
Centralised Enforcement, Legitimacy and Good Governance in the EU ISBN 9780415467841
Published August 2009
Routledge
£125.00