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History/Military The Judicial Construction of Europe
Posted on 2010-03-16
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More The Judicial Construction of Europe By Alec Stone Sweet The law and politics of European integration have been inseparable since the 1960s, when the European Court of Justice rendered a set of foundational decisions that gradually served to 'constitutionalize' the Treaty of Rome. In this book, Alec Stone Sweet, one of the world's foremost social scientists and legal scholars, blends deductive theory, quantitative analysis of aggregate data, and qualitative case studies to explain the dynamics of European integration and institutional change in the EU since 1959. He shows that the activities of market actors, lobbyists, legislators, litigators, and judges became connected to one another in various ways, giving the EU its fundamentally expansionary character. He then assesses the impact of Europe's unique legal system on the evolution of supranational governance, tracing outcomes in three policy domains: free movement of goods, sex equality, and environmental protection. The book integrates diverse themes, including: the testing of hypotheses derived from regional integration theory; the 'judicialization' of legislative processes; the path dependence of precedent and legal argumentation; the triumph of the 'rights revolution' in the EU; delegation, agency, and trusteeship; balancing as a technique of judicial rulemaking and governance; and why national administration and justice have been steadily 'Europeanized'. Written for a broad audience, the book is also recommended for use in graduate and advanced undergraduate courses in law and the social sciences. Contents List of Figures xii List of Tables xiii 1. The European Court and Integration 1 2. Constructing a Supranational Constitution 45 WithT homas Brunell 3. The Free Movement of Goods 109 WithMa rgaret McCown 4. Sex Equality 147 With Rachel Cichowski 5. Environmental Protection 199 WithMa rkus Gehring 6. Conclusion 235 References 245 Index of Cases 265 Index 267
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