The Function of Judicial Decision in European Economic IntegrationThe present generation lives in a time of transition. The isolated national legal order, the supreme idea of 19th Century legal science, begins to be superseded by the evolution of a wider international and transnational net work of legal rules and conceptions. With the recognition of a fundamental guarantee of human rights as a binding ingredient of the framework of inter national law, the strict separation of the internal system of the states from the international community is transcended. To this extent, the rules of international law now exercise a direct influence upon the national legal order. In some conventional arrangements safeguarding human rights, the individual is given direct access to international protection against his own state. The piercing of national borders by transnational norms finds its strongest expression in the formation of regional communities of states which seek to develop a common fund of legal rules, concepts and principles among their members. The leading role in this direction lies with European organizations. In the Community formed by the signatories of the European Convention on Human Rights, the members accept for themselves a stan dard of legal guarantees for fundamental rights of the individual laid down in the Convention. The organs of the Convention, including the Court and foremost the Commission, fulfill their tasks by measuring the national laws of the member states against the basic requirements embodied in the Euro pean Convention. |
Contents
| 4 | |
Conclusions | 37 |
The Concept of Law in Judicial Decision | 93 |
The Rationality of Judicial Decision | 106 |
The Institutional Foundations of Judicial Decision | 141 |
The Proper Scope of the Judicial Function | 208 |
PART THREE | 225 |
152 | 250 |
The Search for Authority | 318 |
The Dialogue Between the Courts | 383 |
The Search for Practicability | 433 |
At the Edge of Community Jurisdiction | 499 |
CONCLUSIONS | 508 |
| 516 | |
Abbreviations | 527 |
| 549 | |
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The Function of Judicial Decision in European Economic Integration Clarence J. Mann No preview available - 1972 |
Common terms and phrases
14 Rspr 9 Rspr acts Advocate-General agreement Amtsblatt appeal application Article 85 Bebr Bickel CECA coal common market Community Court Community law Community organs competition concept Conclusions of Adv-Gen Conseil d'Etat consensus Constitutional Court Council Court of Justice determine détournement détournement de pouvoir discussion in text droit economic ECSC Art EEC Art EEC Article EEC Commission EEC Treaty effect emphasizes enterprises Esser establish Euratom Art Europäischen European Communities Federal framework French function German Grundig High Authority Ibid important institutional integration international law interpretation judge Judgment judicial decision judicial review jurisdiction Lagrange legal orders legal positivism legislative limits Luxembourg means Member ment munity national courts norms obiter dicta obligation plaintiffs political powers practice preliminary question principles procedure production Recht Regulation requirements restrictions Roemer Ruhr rule scope scrap simply social Steindorff tariff text infra text supra theory tion Treaty goals Treaty provisions values violation