The Passivity of Law: Competence and Constitution in the European Court of Justice
Luigi Corrias
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Description for The Passivity of Law: Competence and Constitution in the European Court of Justice
Hardback. This text offers a new legal approach, known as "chiastic theory," to make sense of the role the European Court of Justice can play in competence creep in general and the doctrine of implied powers in particular. It includes many relevant case studies. Num Pages: 171 pages, biography. BIC Classification: HPCF3; JPA; LAB; LN. Category: (P) Professional & Vocational. Dimension: 240 x 164 x 15. Weight in Grams: 426.
At the heart of this book, a question: what to make of the creeping competences of the EU and of the role the European Court of Justice plays in this respect? Taking the implied powers doctrine as its starting point, the hypothesis is that it shows what is ultimately at stake in the concept of legal competence: the problem of creation in law, or the relationship between constituent and constituted power. By rethinking this relationship, a new conceptual framework to make sense of creeping competences is designed. For this, the work of Maurice Merleau-Ponty is used. Tracing back the philosophical ... Read more
At the heart of this book, a question: what to make of the creeping competences of the EU and of the role the European Court of Justice plays in this respect? Taking the implied powers doctrine as its starting point, the hypothesis is that it shows what is ultimately at stake in the concept of legal competence: the problem of creation in law, or the relationship between constituent and constituted power. By rethinking this relationship, a new conceptual framework to make sense of creeping competences is designed. For this, the work of Maurice Merleau-Ponty is used. Tracing back the philosophical ... Read more
Product Details
Publisher
Springer
Format
Hardback
Publication date
2011
Condition
New
Weight
426g
Number of Pages
171
Place of Publication
Dordrecht, Netherlands
ISBN
9789400710337
SKU
V9789400710337
Shipping Time
Usually ships in 15 to 20 working days
Ref
99-15
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