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Constructing a Supranational Constitution

Alec Stone Sweet

in The Judicial Construction of Europe

Published in print:
2004
Published Online:
January 2005
ISBN:
9780199275533
eISBN:
9780191602009
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/019927553X.003.0002
Subject:
Political Science, European Union

The evolution of the European Community (EC) towards a supranational constitution is charted by combining three different perspectives. First, an examination is made of the major features of the ... More


The Role of National Courts in Inducing Compliance with International and European Law—A Comparison

André Nollkaemper

in Compliance and the Enforcement of EU Law

Published in print:
2012
Published Online:
May 2012
ISBN:
9780199644735
eISBN:
9780191740695
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199644735.003.0006
Subject:
Law, EU Law, Public International Law

This chapter assesses how national courts can induce compliance with international and European law, and compares the relative strengths of national courts in this regard under, respectively, ... More


The Role of National Constitutional Courts in Issues of Compliance

Darinka Piqani

in Compliance and the Enforcement of EU Law

Published in print:
2012
Published Online:
May 2012
ISBN:
9780199644735
eISBN:
9780191740695
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199644735.003.0005
Subject:
Law, EU Law, Public International Law

This chapter looks at the role of constitutional courts from a compliance perspective. It focuses on how constitutional courts deal with challenges of unconstitutionality in the course of application ... More


National Courts and Community Law

Paul P. Craig

in Governing Europe

Published in print:
2003
Published Online:
November 2003
ISBN:
9780199250158
eISBN:
9780191599439
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/0199250154.003.0002
Subject:
Political Science, European Union

An examination is made of the way in which national courts have reacted to European Community law, in particular to the claim to supremacy over national law contained in the jurisprudence of the ... More


The Role of International Actors in National Accountability Processes

Naomi Roht‐Arriaza

in The Politics of Memory and Democratization

Published in print:
2001
Published Online:
November 2003
ISBN:
9780199240906
eISBN:
9780191598869
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/0199240906.003.0002
Subject:
Political Science, Democratization

The response of an incoming government to past crimes and gross violations of human rights depends primarily on a combination of domestic political, military and socioeconomic factors. However, ... 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


EC environmental law in the national legal order

Pål Wennerås

in The Enforcement of EC Environmental Law

Published in print:
2007
Published Online:
January 2009
ISBN:
9780199229017
eISBN:
9780191711268
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199229017.003.0002
Subject:
Law, EU Law, Environmental and Energy Law

This chapter discusses the concept of direct effect, and addresses the question of the extent to which individuals can invoke EC environmental directives in national courts. Three fundamental ... More


Authority

André Nollkaemper

in National Courts and the International Rule of Law

Published in print:
2011
Published Online:
May 2011
ISBN:
9780199236671
eISBN:
9780191725234
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199236671.003.0010
Subject:
Law, Public International Law

This chapter uses the concept of ‘authority’ to capture the international legal effects of decisions of national courts. It advances four main arguments. Firstly it states that the question of the ... More


Tom Bingham and the Transformation of the Law: A Liber Amicorum

Mads Andenas and Duncan Fairgrieve (eds)

Published in print:
2009
Published Online:
September 2009
ISBN:
9780199566181
eISBN:
9780191705458
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199566181.001.0001
Subject:
Law, Legal History

Tom Bingham is internationally recognised as one of the most influential judges of the 20th century. Having occupied in succession the most senior judicial offices in the United Kingdom, Master of ... More


Governing Europe

Jack Hayward and Anand Menon (eds)

Published in print:
2003
Published Online:
November 2003
ISBN:
9780199250158
eISBN:
9780191599439
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/0199250154.001.0001
Subject:
Political Science, European Union

This book is intended to be the leading advanced survey of politics in Western Europe. It examines in detail all aspects of political life in Western Europe, from public protest to core executives, ... More


National Court Enforcement

Mary Ellen O'Connell

in The Power and Purpose of International Law: Insights from the Theory and Practice of Enforcement

Published in print:
2008
Published Online:
January 2009
ISBN:
9780195368949
eISBN:
9780199871100
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195368949.003.0010
Subject:
Law, Public International Law

National courts have extensive control over people and assets and, thus, have impressive capacity to enforce international law. More international law is likely enforced through national courts than ... More


Jurisdiction

André Nollkaemper

in National Courts and the International Rule of Law

Published in print:
2011
Published Online:
May 2011
ISBN:
9780199236671
eISBN:
9780191725234
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199236671.003.0002
Subject:
Law, Public International Law

This chapter advances five main arguments. First, the jurisdiction-regulation power of international law vis-à-vis national courts is necessarily indirect and as a result relatively weak. Secondly, ... 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


Courts

Paul Craig

in EU Administrative Law

Published in print:
2012
Published Online:
May 2012
ISBN:
9780199568628
eISBN:
9780191739415
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199568628.003.0010
Subject:
Law, EU Law, Constitutional and Administrative Law

This chapter focuses on EU courts. The way in which the principles of review have developed has been affected by the jurisdictional divide between the European Court of Justice (ECJ) and General ... More


The Relationship Between Internationalized Courts and National Courts

Jann K Kleffner and André Nollkaemper

in Internationalized Criminal Courts: Sierra Leone, East Timor, Kosovo, and Cambodia

Published in print:
2004
Published Online:
January 2010
ISBN:
9780199276745
eISBN:
9780191707650
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199276745.003.0016
Subject:
Law, Public International Law

Each of the four internationalized criminal courts examined in this book is embedded into, or grafted onto, the national legal order of one particular state: Yugoslavia/Kosovo, East Timor, Sierra ... More


Fragmentation

André Nollkaemper

in National Courts and the International Rule of Law

Published in print:
2011
Published Online:
May 2011
ISBN:
9780199236671
eISBN:
9780191725234
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199236671.003.0009
Subject:
Law, Public International Law

Reliance on national courts may be necessary to support the international rule of law, but this comes with a cost. The unity in interpretation and application of international law, that already is ... More


Introduction

André Nollkaemper

in National Courts and the International Rule of Law

Published in print:
2011
Published Online:
May 2011
ISBN:
9780199236671
eISBN:
9780191725234
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199236671.003.0001
Subject:
Law, Public International Law

This chapter sets out the purpose of the book, which is to systematize the principles and practices of international law that guide national courts in the protection of the international rule of law. ... More


Remedies in International Human Rights Law

Dinah Shelton

Published in print:
2006
Published Online:
January 2010
ISBN:
9780199207534
eISBN:
9780191708794
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199207534.001.0001
Subject:
Law, Human Rights and Immigration

This book provides a comprehensive treatment of remedies for human rights violations and reviews the jurisprudence of international tribunals on these violations. It provides a theoretical framework ... More


Towards an Internally Consistent Doctrine on Invoking Norms of EU Law

Koen Lenaerts and Tim Corthaut

in The Coherence of EU Law: The Search for Unity in Divergent Concepts

Published in print:
2008
Published Online:
January 2009
ISBN:
9780199232468
eISBN:
9780191716027
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199232468.003.0021
Subject:
Law, EU Law

This chapter discusses the way in which EU norms can be invoked. It determines how, in dialogue with national courts, the ECJ has sent out diverging signals as to when norms of EU law can be invoked. ... More


Applicable Law

André Nollkaemper

in National Courts and the International Rule of Law

Published in print:
2011
Published Online:
May 2011
ISBN:
9780199236671
eISBN:
9780191725234
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199236671.003.0004
Subject:
Law, Public International Law

This chapter advances four main arguments. Firstly, in stark contrast to the situation in international law, where international law is by definition part of the applicable law of an international ... More


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