European court of justice legal reasoning in context sankari suvi. European Court of Justice Legal Reasoning in Context. (eBook, 2013) [r1ch4rd.net] 2019-01-31

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European Court of Justice Legal Reasoning in Context

european court of justice legal reasoning in context sankari suvi

Neither extreme necessarily reflects, in either descriptive or normative terms, a fair or realistic understanding of the Court, its work, and the outcomes of legal interpretation. The Court had of course been the subject of periods of notable controversy, and there has been a steady stream of literature from political scientists that has been more willing to critique and accurately describe in robust terms the extent of the Court's law-making role relative to a substantial body of mostly, though certainly not always quite deferential legal scholarship. Even if in reality the differences were more a matter of degree, developing a better balanced approach is useful. In terms of legal interpretation, at the one extreme would be those who subscribe to a historical-originalist - or conserving - approach, and, at the other, those subscribing to an uncritically teleological or dynamic approach, premised on furthering integration. The Court of Justice legal reasoning approach is firmly anchored to actual case law analysis, instead of abstract legal theory, which ensures it does not become wholly disconnected from the everyday of courts. Summary The task of the European Court of Justice is to ensure that the law is observed in interpreting and applying the Treaties. The distinct underlying assumptions of each perspective affect how Court practice is interpreted and evaluated.

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Libro: European Court of Justice legal reasoning in context

european court of justice legal reasoning in context sankari suvi

The justification of legal decisions is a crucial issue in legal and political theory, with courts achieving legitimation through their practice of justification. This duty is carried out in a transnational constitutional environment where interpretation and application are, to a large extent, divorced from each other. In terms of legal interpretation, at the one extreme would be those who subscribe to a historical-originalist — or conserving — approach and at the other those subscribing to an uncritically teleological or dynamic approach premised on furthering integration. It nevertheless leaves the Court considerable discretion in determining the relative weight and ranking of the various interpretative criteria from one case to another. Should its legal concepts be measured against national standards, or another norm? This study also assesses the justificatory practice of the European Court of Justice and how its jurisprudential approach contributes to an understanding of European integration. In terms of legal interpretation, at the one extreme would be those who subscribe to a historical-originalist — or conserving — approach and at the other those subscribing to an uncritically teleological or dynamic approach premised on furthering integration.

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Suvi Sankari, European Court of Justice Legal Reasoning in Context, Europa Law Publishing

european court of justice legal reasoning in context sankari suvi

The earliest criticism of the Court to come to widespread notice was of course the late Rasmussen's Law and Policy of the European Court of Justice 1986. The E-mail message field is required. On Context and Reasoning; Chapter 3. The aim is to further the understanding of scholars and practitioners in terms of how legal interpretations pronounced, especially in preliminary rulings, both have been and could be interpreted by their legal audience. Moreover, the approach takes into account how the Court keeps applying its relatively conventional self-assumed criteria of legal interpretation, considers interpretations offered in preliminary rulings in their systemic and factual context, and generally views the Court as the constitutional court of a legal order.

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Libro: European Court of Justice legal reasoning in context

european court of justice legal reasoning in context sankari suvi

The Court of Justice legal reasoning approach is firmly anchored to actual case-law analysis, instead of abstract legal theory, which ensures it does not become wholly disconnected from the everyday of courts. It nevertheless leaves the Court considerable discretion in determining the relative weight and ranking of the various interpretative criteria from one case to another. This book provides a valuable contribution to this otherwise neglected area. The aim is to further the understanding of scholars and practitioners in terms of how legal interpretations pronounced, especially in preliminary rulings, both have been and could be interpreted by their legal audience. The approach advocated in this book is called Court of Justice legal reasoning. In doing so, he moves the wider debate beyond received 'common law' versus 'civil law' figments and 'Eurosceptic' versus 'Euromantic' battle lines, and also provides a useful blueprint for assessing and comparing the case law practices of other dispute resolution bodies. In terms of legal interpretation, at the one extreme would be those who subscribe to a historical-originalist - or conserving - approach, and, at the other, those subscribing to an uncritically teleological or dynamic approach, premised on furthering integration.

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Suvi Sankari, European Court of Justice Legal Reasoning in Context, Europa Law Publishing

european court of justice legal reasoning in context sankari suvi

. Should its legal concepts be measured against national standards, or another norm? Even if in reality the differences were more a matter of degree, developing a better balanced approach is useful. Groningen: Europa Law Publishing, 2013 Book Review: European Court of Justice Legal Reasoning in Context ,by Suvi Sankari. An array of approaches to assessing the Court's work already exists. Aiempi tutkimukseni kohdistui yleisesti oikeudelliseen päätöksentekoon, erityisesti unionin tuomioistuimen ennakkoratkaisupyyntöihin antamissa vastauksissa käytettyihin oikeudellisiin tulkintamenetelmiin ja tulkintojen perustelemiseen.

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European Court Of Justice Legal Reasoning In Context

european court of justice legal reasoning in context sankari suvi

Even if, in reality, the differences were more a matter of degree, developing a better balanced approach is useful. The approach is critical towards offering generalizations concerning the Court's work based on purposively chosen case law, downplaying the role of law in not only facilitating but also restraining the Court's choices, and overemphasizing teleology or integration as pre-designated and permanent explanatory factors of legal evolution. The Court of Justice legal reasoning approach is firmly anchored to actual case-law analysis, instead of abstract legal theory, which ensures it does not become wholly disconnected from the everyday of courts. This duty is carried out in a transnational constitutional environment where interpretation and application are to a large extent divorced from each other. The task of the European Court of Justice is to ensure that the law is observed in interpreting and applying the Treaties.

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Download [PDF] European Court Of Justice Legal Reasoning In Context Free Online

european court of justice legal reasoning in context sankari suvi

Moreover, the approach takes into account how the Court keeps applying its relatively conventional self-assumed criteria of legal interpretation, considers interpretations offered in preliminary rulings in their systemic and factual context, and generally views the Court as the constitutional court of a legal order. This duty is carried out in a transnational constitutional environment where interpretation and application are, to a large extent, divorced from each other. This duty is carried out in a transnational constitutional environment where interpretation and application are, to a large extent, divorced from each other. Despite the importance of multilingualism for the European project, it has attracted only limited attention from legal scholars. The Court of Justice legal reasoning approach is firmly anchored to actual case law analysis, instead of abstract legal theory, which ensures it does not become wholly disconnected from the everyday of courts.

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European Court of Justice Legal Reasoning in Context

european court of justice legal reasoning in context sankari suvi

An array of approaches to assessing the Court's work already exists. The approach advocated here is called Court of Justice legal reasoning. Only in exceptional cases which the Court perceives to go to the heart of the integration process and threaten its acquis communautaire, is the Court of Justice likely not to feel constrained by either the wording of the norms in issue or by the ordinary conventions of interpretative argumentation, and to adopt a strongly communautaire position, if need be in disregard of what the written laws says but subject to the proviso that the Court is assured of the express or tacit approval or acquiescence of national governments and courts. Part one develops a new heuristic theory of legal reasoning which argues that legal uncertainty is a pervasive and inescapable feature of primary legal material and judicial reasoning alike, which has its origin in a combination of linguistic vagueness, value pluralism and rule instability associated with precedent. In terms of legal interpretation, at the one extreme would be those who subscribe to a historical-originalist — or conserving — approach and at the other those subscribing to an uncritically teleological or dynamic approach premised on furthering integration.

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