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This collection of essays considers the extent to which Joseph Weiler's thinking on the nature of European law holds today.
The need to balance power between the Member States and the Union and between public power and the market has created powerful constitutional dilemmas for the European Union. Adopting an inter-disciplinary approach and drawing upon the jurisprudence developed around Article 30, this new book offers both a descriptive and a normative analysis of the European Economic Constitution and discusses the role of the European Court of Justice in its development and in the review of State and Community legislation. The book is particularly relevant in view of the present debates on the European Constitution and the reform of the regulatory State.
Examines the most important democratic challenges of today, using the Covid-19 pandemic as a case study.
This book revisits, in a new light, some of the classic cases which constitute the foundations of the EU legal order and is timed to celebrate the 50th anniversary of the Rome Treaty establishing a European Economic Community. Its broader purpose, however, is to discuss the future of the EU legal order by examining, from a variety of different perspectives, the most important judgments of the ECJ which established the foundations of the EU legal order. The tone is neither necessarily celebratory nor critical, but relies on the viewpoint of the distinguished line-up of contributors - drawn from among former and current members of the Court (the view from within), scholars from other disciplin...
Leading scholars of European constitutionalism highlight different facets of the constitutional discussion.
The recent proliferation of international courts and jurisdictions raises a number of important issues ranging from the redefinition of the role of the International Court of Justice to the recent emergence of domestic courts as international jurisdictions. Towards a Universal Justice? Putting International Courts and Jurisdictions into Perspective, containing edited articles presented at the International Law Association’s Regional Conference held in Lisbon, offers a comprehensive overview of those issues and outlines challenges ahead for every branch of international law.
This book fills an important gap in the sport governance literature by engaging in critical reflection on the concept of ‘good governance’. It examines the theoretical perspectives that lead to different conceptualisations of governance and, therefore, to different standards for institutional quality. It explores the different practical strategies that have been employed to achieve the implementation of good governance principles. The first part of the book aims to shed light on the complexity and nuances of good governance by examining theoretical perspectives including leadership, value, feminism, culture and systems. The second part of the book has a practical focus, concentrating on ...
A colorful history of US research universities, and a market-based theory of their global success. American education has its share of problems, but it excels in at least one area: university-based research. That’s why American universities have produced more Nobel Prize winners than those of the next twenty-nine countries combined. Economist Miguel Urquiola argues that the principal source of this triumph is a free-market approach to higher education. Until the late nineteenth century, research at American universities was largely an afterthought, suffering for the same reason that it now prospers: the free market permits institutional self-rule. Most universities exploited that flexibili...
This book investigates the Court of Justice's practice of deferring to Member State authorities in free movement law, examining the decision-making latitude accorded to national institutions by means of two deference doctrines, the margin of appreciation and decentralised judicial review.
This book provides an analysis of key approaches to rule of law oversight in the EU and identifies deeper theoretical problems.