The Resource The legal order of the European Union : the institutional role of the Court of Justice, Timothy Moorhead
The legal order of the European Union : the institutional role of the Court of Justice, Timothy Moorhead
Resource Information
The item The legal order of the European Union : the institutional role of the Court of Justice, Timothy Moorhead represents a specific, individual, material embodiment of a distinct intellectual or artistic creation found in Biddle Law Library - University of Pennsylvania Law School.This item is available to borrow from 1 library branch.
Resource Information
The item The legal order of the European Union : the institutional role of the Court of Justice, Timothy Moorhead represents a specific, individual, material embodiment of a distinct intellectual or artistic creation found in Biddle Law Library - University of Pennsylvania Law School.
This item is available to borrow from 1 library branch.
- Summary
-
- "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"--
- "The objective of European integration serves as an ideal of the legal order of the European Union and invites reconsideration of the conceptual features of law. This book critically assesses the legal order of the European Union and the practices of the Court of Justice from an analytic jurisprudential perspective. The analysis focuses on the operative features of the European Union constitution with particular reference to the institutional practices of the Court of Justice in expressing the underlying values of this constitution. Considering positivist, non-positivist and institutional legal theoretical accounts, Timothy Moorhead breaks new ground in applying a range of analytic jurisprudential perspectives to the Union legal order, and by employing theoretical resources provided by the Union to model a revised conceptual viewpoint concerning legal order generally. By offering this conceptual approach Moorhead emphasises the necessarily flexible, institutional character of legal order, to provide a theoretical rationalisation of Union. This book will be of great use and interest to scholars and students of European Law, Jurisprudence and European Constitutionalism"--
- Language
- eng
- Extent
- 162 pages
- Contents
-
- Theoretical perspectives on law and the law of the European Union
- Institutional perspectives on the legal order of the European Union
- The Court of Justice
- The values of the European Union legal order : constitutional perspectives
- Union or member state Kompetenz Kompetenz : constitutional questions in the relationship between Union and domestic orders
- European Union law as international law
- Isbn
- 9780415529709
- Label
- The legal order of the European Union : the institutional role of the Court of Justice
- Title
- The legal order of the European Union
- Title remainder
- the institutional role of the Court of Justice
- Statement of responsibility
- Timothy Moorhead
- Language
- eng
- Summary
-
- "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"--
- "The objective of European integration serves as an ideal of the legal order of the European Union and invites reconsideration of the conceptual features of law. This book critically assesses the legal order of the European Union and the practices of the Court of Justice from an analytic jurisprudential perspective. The analysis focuses on the operative features of the European Union constitution with particular reference to the institutional practices of the Court of Justice in expressing the underlying values of this constitution. Considering positivist, non-positivist and institutional legal theoretical accounts, Timothy Moorhead breaks new ground in applying a range of analytic jurisprudential perspectives to the Union legal order, and by employing theoretical resources provided by the Union to model a revised conceptual viewpoint concerning legal order generally. By offering this conceptual approach Moorhead emphasises the necessarily flexible, institutional character of legal order, to provide a theoretical rationalisation of Union. This book will be of great use and interest to scholars and students of European Law, Jurisprudence and European Constitutionalism"--
- Assigning source
-
- Provided by publisher
- Provided by publisher
- Cataloging source
- DLC
- http://library.link/vocab/creatorName
- Moorhead, Timothy
- Index
- index present
- Literary form
- non fiction
- Nature of contents
- bibliography
- Series statement
- Routledge research in EU law
- http://library.link/vocab/subjectName
-
- Court of Justice of the European Communities
- Law
- Justice, Administration of
- Rule of law
- Court of Justice of the European Communities
- Justice, Administration of
- Law
- Rule of law
- Europe
- Label
- The legal order of the European Union : the institutional role of the Court of Justice, Timothy Moorhead
- Bibliography note
- Includes bibliographical references (pages 145-156) and index
- Carrier category
- volume
- Carrier category code
-
- nc
- Carrier MARC source
- rdacarrier
- Content category
- text
- Content type code
-
- txt
- Content type MARC source
- rdacontent
- Contents
-
- Theoretical perspectives on law and the law of the European Union
- Institutional perspectives on the legal order of the European Union
- The Court of Justice
- The values of the European Union legal order : constitutional perspectives
- Union or member state Kompetenz Kompetenz : constitutional questions in the relationship between Union and domestic orders
- European Union law as international law
- Dimensions
- 24 cm.
- Extent
- 162 pages
- Isbn
- 9780415529709
- Isbn Type
- (hardback)
- Lccn
- 2013045782
- Media category
- unmediated
- Media MARC source
- rdamedia
- Media type code
-
- n
- System control number
- (OCoLC)863127724
- Label
- The legal order of the European Union : the institutional role of the Court of Justice, Timothy Moorhead
- Bibliography note
- Includes bibliographical references (pages 145-156) and index
- Carrier category
- volume
- Carrier category code
-
- nc
- Carrier MARC source
- rdacarrier
- Content category
- text
- Content type code
-
- txt
- Content type MARC source
- rdacontent
- Contents
-
- Theoretical perspectives on law and the law of the European Union
- Institutional perspectives on the legal order of the European Union
- The Court of Justice
- The values of the European Union legal order : constitutional perspectives
- Union or member state Kompetenz Kompetenz : constitutional questions in the relationship between Union and domestic orders
- European Union law as international law
- Dimensions
- 24 cm.
- Extent
- 162 pages
- Isbn
- 9780415529709
- Isbn Type
- (hardback)
- Lccn
- 2013045782
- Media category
- unmediated
- Media MARC source
- rdamedia
- Media type code
-
- n
- System control number
- (OCoLC)863127724
Subject
- Europe -- European Union countries
- Justice, Administration of
- Justice, Administration of -- European Union countries
- Law
- Law -- European Union countries
- Rule of law
- Rule of law -- European Union countries
- Court of Justice of the European Communities
- Court of Justice of the European Communities
Member of
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