Limits of Legal Reasoning and the European Court of Justice

Gerard Conway explains how judges of the ECJ should be understood as sharing the same interpretative perspective as the law-maker.

List of contents

1. Introduction and overview: interpretation and the European Court of Justice; 2. Reading the Court of Justice; 3. Reconceptualising the legal reasoning of the Court of Justice: interpretation and its constraints; 4. Retrieving a separation of powers in the EU; 5. EU law and a hierarchy of interpretative techniques; 6. Levels of generality and originalist interpretation in EU law; 7. Subjective originalist interpretation in EU law; 8. Conclusion.

About the author

Gerard Conway is a lecturer in law at Brunel University in London. He has also been a visiting lecturer at the University of Buckingham.

Summary

Gerard Conway provides those working in the fields of EU law or policy with a new and critical argument about how the European Court of Justice should engage in legal reasoning which will help lawyers, academics, policy analysts and students critique how the ECJ carries out its function.

Product details

• Authors: Gerard Conway
• Publisher: Cambridge University Press ELT
• Languages: English
• Product format: Paperback / Softback
• Released: 02.01.2014
• EAN: 9781107660359
• ISBN: 978-1-107-66035-9
• No. of pages: 346
• Series: Cambridge Studies in European Law and Policy; Cambridge Studies in European; Cambridge Studies in European Law and Policy
• Subjects: Social sciences, law, business > Law > Civil law, civil procedural law; LAW / Courts, LAW / Jurisprudence, LAW / Trial Practice, Jurisprudence & general issues, EU (European Union), Jurisprudence and general issues, Courts & procedure, Legal systems: courts and procedures