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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

Creator
Author
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
Work
Publication
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
Instance
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
Creator
Author
Subject
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"--
Member of
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
Instantiates
Publication
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
Publication
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

Member of

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