Overruling Democracy: The Supreme Court vs. The American People, 1d

Overruling Democracy: The Supreme Court vs. The American People, 1d

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Publication Date

5-29-2017

Abstract

Through an interdisciplinary analysis of the rulings of the Court of Justice of the European Union, this book offers 'thick' descriptions, contextual histories and critical narratives engaging with leading or minor personalities involved behind the scenes of each case. The contributions depart from the notion that EU law and its history should be narrated in a linear and incremental way to show instead that law evolves in a contingent and not determinate manner. The book shows that the effects of judge-made law remain relatively indeterminate and each case can be retold through different contextual narratives, and shows the commitment of the European legal elites to the experience of legal reasoning. The idea to cluster the stories around prominent cases is not to be fully comprehensive, but to re-focus the scholarship and teaching of EU law by moving beyond the black letter and unravel the lawyering techniques to achieve policy results.

ISBN

978-1107545038

Publisher

Cambridge University Press

Overruling Democracy: The Supreme Court vs. The American People, 1d

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