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Inside Pressures on the Outside: The Domestic Interpretive Construction of European Law

Mitchel De S.-O.-L'E. Lasser

in Judicial Transformations: The Rights Revolution in the Courts of Europe

Published in print:
2009
Published Online:
September 2009
ISBN:
9780199570775
eISBN:
9780191705557
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199570775.003.0007
Subject:
Law, Comparative Law

This chapter focuses on the interpretive and normative pressures that the national judiciaries routinely exert on the European legal orders. These pressures are of interest for several reasons. ... More


The Making of an International Rule of Law in Europe

KAREN J. ALTER

in Establishing the Supremacy of European Law: The Making of an International Rule of Law in Europe

Published in print:
2003
Published Online:
January 2010
ISBN:
9780199260997
eISBN:
9780191717505
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199260997.003.0001
Subject:
Law, Comparative Law, Private International Law

This chapter begins with a brief discussion of the transformation of the European legal system. It then describes the purpose of the book — which is to explain why national governments accepted an ... More


National Judicial Interests and the Process Legal Integration in Europe

KAREN J. ALTER

in Establishing the Supremacy of European Law: The Making of an International Rule of Law in Europe

Published in print:
2003
Published Online:
January 2010
ISBN:
9780199260997
eISBN:
9780191717505
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199260997.003.0002
Subject:
Law, Comparative Law, Private International Law

This chapter provides a general explanation of judicial interests to help understand the role of national courts in European integration. Section I explains the different roles national courts play ... More


German Judicial Acceptance of European Law Supremacy

KAREN J. ALTER

in Establishing the Supremacy of European Law: The Making of an International Rule of Law in Europe

Published in print:
2003
Published Online:
January 2010
ISBN:
9780199260997
eISBN:
9780191717505
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199260997.003.0003
Subject:
Law, Comparative Law, Private International Law

Germany is a clear example of how judicial rivalries and divergent judicial preferences regarding European legal issues have shaped the process of doctrinal change. Divergent preferences created a ... More


French Judicial Acceptance of European Law Supremacy

KAREN J. ALTER

in Establishing the Supremacy of European Law: The Making of an International Rule of Law in Europe

Published in print:
2003
Published Online:
January 2010
ISBN:
9780199260997
eISBN:
9780191717505
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199260997.003.0004
Subject:
Law, Comparative Law, Private International Law

Among the original member states, French national courts had the hardest time embracing the European Court of Justice's (ECJ) supremacy doctrine. It took until 1989 for all three of France's supreme ... More


Winning Political Support: Why Did National Governments Accept a Judicial Revolution That Transferred Away National Sovereignty?

KAREN J. ALTER

in Establishing the Supremacy of European Law: The Making of an International Rule of Law in Europe

Published in print:
2003
Published Online:
January 2010
ISBN:
9780199260997
eISBN:
9780191717505
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199260997.003.0005
Subject:
Law, Comparative Law, Private International Law

This chapter explains how the European Court of Justice (ECJ) succeeded in transforming the European legal system against the will of member states. Section I explains how the ECJ escaped member ... More


THE COMMON LAWS OF THE WORLD

H. Patrick Glenn

in On Common Laws

Published in print:
2007
Published Online:
January 2010
ISBN:
9780199227655
eISBN:
9780191713606
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199227655.003.0002
Subject:
Law, Comparative Law, Legal History

This chapter investigates both the alleged cause of death of common laws, as well as its real effect on the entire circumstances of the alleged victims. It conducts a number of preliminary ... More


Introduction

Norman Doe

in Law and Religion in Europe: A Comparative Introduction

Published in print:
2011
Published Online:
September 2011
ISBN:
9780199604005
eISBN:
9780191729331
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199604005.003.0001
Subject:
Law, EU Law, Comparative Law

This introductory chapter maps the field studied. It looks critically at the current state of scholarship on national laws on religion in the States of Europe, with particular reference to those of ... More


Law without Nations

Austin Sarat, Lawrence Douglas, and Martha Merrill Umphrey (eds)

Published in print:
2010
Published Online:
June 2013
ISBN:
9780804771696
eISBN:
9780804777223
Item type:
book
Publisher:
Stanford University Press
DOI:
10.11126/stanford/9780804771696.001.0001
Subject:
Law, Comparative Law

The possibility of law in the absence of a nation would seem to strip law from its source of meaning and value. At the same time, law divorced from nations would clear the ground for a cosmopolitan ... More


The Dual State: A Contribution to the Theory of Dictatorship

Ernst Fraenkel and Jens Meierhenrich

Published in print:
2017
Published Online:
June 2017
ISBN:
9780198716204
eISBN:
9780191784378
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198716204.001.0001
Subject:
Law, Legal History, Comparative Law

This text, first published in 1941, provides a comprehensive analysis of the rise and nature of National-Socialism, and is the only such analysis written from within Hitler’s Germany. Its central ... More


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