The Judicial Construction of Europe

OUP Oxford
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The law and politics of European integration have been inseparable since the 1960s, when the European Court of Justice rendered a set of foundational decisions that gradually served to 'constitutionalize' the Treaty of Rome. In this book, Alec Stone Sweet, one of the world's foremost social scientists and legal scholars, blends deductive theory, quantitative analysis of aggregate data, and qualitative case studies to explain the dynamics of European integration and institutional change in the EU since 1959. He shows that the activities of market actors, lobbyists, legislators, litigators, and judges became connected to one another in various ways, giving the EU its fundamentally expansionary character. He then assesses the impact of Europe's unique legal system on the evolution of supranational governance, tracing outcomes in three policy domains: free movement of goods, sex equality, and environmental protection. The book integrates diverse themes, including: the testing of hypotheses derived from regional integration theory; the 'judicialization' of legislative processes; the path dependence of precedent and legal argumentation; the triumph of the 'rights revolution' in the EU; delegation, agency, and trusteeship; balancing as a technique of judicial rulemaking and governance; and why national administration and justice have been steadily 'Europeanized'. Written for a broad audience, the book is also recommended for use in graduate and advanced undergraduate courses in law and the social sciences.
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Publisher
OUP Oxford
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Published on
Sep 9, 2004
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Pages
304
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ISBN
9780191608483
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Language
English
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Genres
Business & Economics / International / General
Law / General
Nature / Environmental Conservation & Protection
Political Science / Comparative Politics
Political Science / History & Theory
Political Science / International Relations / General
Social Science / Gender Studies
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Governing with Judges elaborates a theory of constitutional politics, the process through which the discursive practices and techniques of constitutional adjudication come to structure the work of governments, parliaments, judges, and administrators. Focusing on the cases of France, Germany, Italy, Spain, and the European Union, the book examines the sources and consequences of the pan-European movement to confer constitutional review authority on a new governmental institution, the constitutional court. Detailed case studies illustrate how and to what extent legislative processes have been placed under the influence of constitutional judges. In a growing number of policy domains, these judges function as powerful, adjunct legislators. As constitutional courts have consolidated their position as authoritative interpreters of the constitutional law, and especially of human rights provisions, the work of the judiciary, too, has gradually been constitutionalised. Today, ordinary judges seek to detect violations of the constitution in their application of the various codes, and to rewrite statutes that they deem unconstitutional. Constitutional politics have not only provoked the demise of traditional notions of parliamentary sovereignty, they have organized profound transformations in the very nature of European governance. Stone Sweet argues that constitutional adjudication constructs complex causal linkages between rule systems and normativity, on the one hand, and the strategic behaviour of individuals, on the other. The theory constitutes a novel synthesis of normative and rational approaches to politics. The book also addresses central questions raised by a wide range of ongoing theory projects, including the 'new institutionalism,'rational choice, principal-agent theories of delegation, and the new constitutionalism in Continental legal theory.
Where does the law and political power of any given territory come from? Until recently it was believed that it came from a single and hierarchical source of constitutional authority, a sovereign people and their constitution. However, how can this model account for the new Europe? Where state constitutions and the European Constitution, which are ultimately equally self-standing sources of constitutional authority, overlap heterarchically over a shared piece of territory. Constitutional pluralism is a new branch within constitutional thought that argues sovereignty is no longer the accurate and normatively superior constitutional foundation. It instead replaces this thought with its own foundation. It emerged on the basis of contributions by the leading EU constitutionalists and has now become the most dominant branch of European constitutional thought. Its claims have also overstepped the European context, suggesting that it offers historic advantages for further development of the idea of constitutionalism and world order as such. This book offers the first overarching examination of constitutional pluralism.Comprehensively mapping out the leading contributions to date and solving the complicated labyrinth they currently form, Klemen Jaklic offers a complete assessment against existing and new criticisms while elaborating his own original vision. Constitutional pluralism thus refined has the potential to rightfully be considered the superior new approach within constitutional thought.
In the bestselling tradition of The World Is Flat and The Next 100 Years, THE ACCIDENTAL SUPERPOWER will be a much discussed, contrarian, and eye-opening assessment of American power.

Near the end of the Second World War, the United States made a bold strategic gambit that rewired the international system. Empires were abolished and replaced by a global arrangement enforced by the U.S. Navy. With all the world's oceans safe for the first time in history, markets and resources were made available for everyone. Enemies became partners.

We think of this system as normal-it is not. We live in an artificial world on borrowed time.

In THE ACCIDENTAL SUPERPOWER, international strategist Peter Zeihan examines how the hard rules of geography are eroding the American commitment to free trade; how much of the planet is aging into a mass retirement that will enervate markets and capital supplies; and how, against all odds, it is the ever-ravenous American economy that-alone among the developed nations-is rapidly approaching energy independence. Combined, these factors are doing nothing less than overturning the global system and ushering in a new (dis)order.

For most, that is a disaster-in-waiting, but not for the Americans. The shale revolution allows Americans to sidestep an increasingly dangerous energy market. Only the United States boasts a youth population large enough to escape the sucking maw of global aging. Most important, geography will matter more than ever in a de-globalizing world, and America's geography is simply sublime.

The European Union began in 1957 as a treaty among six nations but today constitutes a supranational polity - one that creates rules that are binding on its 15 member countries and their citizens. In this majesterial study, a team of distinguished scholars offers a fresh and coherent explanation of the remarkable development of the EU, drawing evidence from both broad data and focused case studies. - ;The European Union began in 1957 as a treaty among six nations but today constitutes a supranational polity - one that creates rules that are binding on its 15 member countries and their citizens. This majesterial study confronts some of the most enduring questions posed by the remarkable evolution of the EU: Why does policy-making sometimes migrate from the member states to the European Union? And why has integration proceeded more rapidly in some policy domains than in others? A distinguished team of scholars lead by Wayne Sandholtz and Alec Stone Sweet offers a fresh theory and clear propositions on the development of the EU. Combining broad data and probing case studies, the volume finds solid support for these propositions in a variety of policy domains. The coherent theoretical approach and extensive empirical analyses together constitute a significant challenge to approaches that see the EU as a straightforward product of member-state interests, power, andbargaining. This volume clearly demonstrates that a nascent transnational society and supranational institutions have played decisive roles in constructing the European Union. -
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