Product details:
| ISBN13: | 9781107623583 |
| ISBN10: | 1107623588 |
| Binding: | Paperback |
| No. of pages: | 356 pages |
| Size: | 230x153x20 mm |
| Weight: | 520 g |
| Language: | English |
| Illustrations: | 6 b/w illus. |
| 0 |
Category:
Precedents and Case-Based Reasoning in the European Court of Justice
Unfinished Business
Publisher: Cambridge University Press
Date of Publication: 31 March 2016
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Short description:
Marc Jacob analyses in depth the most important justificatory and decision-making tool of one of the world's most powerful courts.
Long description:
Past cases are the European Court of Justice's most prominent tool in making and justifying the rulings and decisions which affect the everyday lives of more than half a billion people. Marc Jacob's detailed analysis of the use of precedents and case-based reasoning in the Court uses methods such as doctrinal scholarship, empirical research, institutional analysis, comparative law and legal theory in order to unravel and critique the how and why of the Court's precedent technique. 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.
'... provides a valuable and highly approachable exposition of the normativity of precedent (stare decisis) from both civil and common law perspectives to non-domestic international and EU law ones.' Suvi Sankari, Common Market Law Review
'... provides a valuable and highly approachable exposition of the normativity of precedent (stare decisis) from both civil and common law perspectives to non-domestic international and EU law ones.' Suvi Sankari, Common Market Law Review
Table of Contents:
1. Introduction; 2. Setting precedents: law made in Luxembourg; 3. Determining the essence of ECJ precedents; 4. Precedent application by the ECJ; 5. Avoiding ECJ precedents I: distinguishing; 6. Avoiding ECJ precedents II: departing; 7. ECJ precedents in context; 8. The normativity of ECJ precedents; 9. Conclusions and suggestions.
