Conflicts of Rights in the European Union
«This is an impressive book and it uses valuable insights from legal theory and US constitutional law to answer an important question of EU law. Torres Perez develops her ideas with great clarity and the solutions she brings forward are highly interesting.»
Common Market Law Review
Underlying the protection of human rights in Europe is a complex network of overlapping legal systems - domestic, EU, and ECHR. This book focuses on the potential for conflict to emerge between the systems where rights overlap and interpretations in different courts begin to diverge. Les mer
From the perspective of EU law, where the interpretation of rights differs national courts are asked to renounce the constitutional scope of protection in favour of the scope defined by the European Court of Justice. This work presents a theory of supranational judicial authority to confront this problem, grounded in an ideal of judicial dialogue. It represents the first attempt to provide a thorough theoretical account of the value of judicial dialogue, and its potential for legitimating
judicial decision-making at a supranational level.
Combining theoretical rigour with attention to the practicalities of European human rights law, the book will be accessible to a broad readership of legal theorists, EU lawyers and judges involved in building inter-judicial dialogue.
Detaljer
- Forlag
- Oxford University Press
- Innbinding
- Innbundet
- Språk
- Engelsk
- ISBN
- 9780199568710
- Utgivelsesår
- 2009
- Format
- 24 x 16 cm
Anmeldelser
«This is an impressive book and it uses valuable insights from legal theory and US constitutional law to answer an important question of EU law. Torres Perez develops her ideas with great clarity and the solutions she brings forward are highly interesting.»
Common Market Law Review
«...the book provides a stimulating contribution to the debate.»
Nik de Boer, Common Market Law Review