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The ECJ and Judicial Activism: Myth or Reality?
The ECJ and Judicial Activism: Myth or Reality?
Author: Constantinos Kombos
ISBN: 978-960-445-554-6
Publisher: SAKKOULAS PUBLICATIONS ATHENS-THESSALONIKI
Date Published: 2010
Format: Hardback
Price: 33.00
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Description
This book is about the dynamics of the judicial function and the factors that influence the European Court of Justice (hereafter ‘ECJ’ or ‘Court’) in the formulation of its strategic positioning when developing its case law. The purpose is twofold: to examine the approach of the Court in areas of constitutional significance and to offer an exegesis for the development of the jurisprudence. The working hypothesis states that the traditional analyses of the approach of the Court appear to be incomplete and often simplistic for a plethora of reasons.
Chapters
Chapter One: An introduction to the Study PART ONE: SETTING THE THEORETICAL FRAMEWORK Chapter Two: A theoretical Framework of the Relationship between Law, Policy and Legitimacy: the Perspective of Legal Realism Chapter Three: Law, Policy and Legitimacy: Accounts from the ECJ’ s Perspective Chapter Four: The concept of Activism and the Micro-Marco Analysis Conclusions of Part One PART TWO: THE APPLICATION OF THE MICRO-MARCO ANALYSIS Chapter Five: The Marco Analysis: The three Epochs and the Winter Period Chapter Six: The Marco Analysis: The three Epochs and the Spring Period Chapter Seven: The Marco Analysis : The three Epochs and the Summer Period Chapter Eight: Quantitative Restrictions, Measures having an Equal Effect and the three Epochs: Is there Room for some Cassis and a Gourmet Keck? Chapter Nine: The ECJ and Human Rights : an Exegesis of the Jurisprudence Chapter Ten: Locus Standi of Private Applicants and the ECJ: an Uneasy Relationship Conclusions of Part Two

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