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The Limits of Legal Reasoning and the European Court of Justice

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Description

The European Court of Justice is widely acknowledged to have played a fundamental role in developing the constitutional law of the EU, having been the first to establish such key doctrines as direct effect, supremacy and parallelism in external relations. Traditionally, EU scholarship has praised the role of the ECJ, with more critical perspectives being given little voice in mainstream EU studies. From the standpoint of legal reasoning, Gerard Conway offers the first sustained critical assessment of how the ECJ engages in its function and offers a new argument as to how it should engage in legal reasoning. He also explains how different approaches to legal reasoning can fundamentally change the outcome of case law and how the constitutional values of the EU justify a different approach to the dominant method of the ECJ.

Author Biography:

Gerard Conway is a lecturer in law at Brunel University in London. He has also been a visiting lecturer at the University of Buckingham.
Release date Australia
January 12th, 2012
Author
Audience
  • Postgraduate, Research & Scholarly
Pages
344
Dimensions
158x235x20
ISBN-13
9781107001398
Product ID
10843979

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