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The Function of Judicial Decision in European Economic Integration

  • Authors
  • Clarence J. Mann

Table of contents

  1. Front Matter
    Pages N2-XVI
  2. The Organizational Framework of the Court of Justice

    1. Front Matter
      Pages 1-3
    2. Clarence J. Mann
      Pages 4-48
    3. Clarence J. Mann
      Pages 49-89
  3. The Theoretical Foundations of Judicial Decision

    1. Front Matter
      Pages 91-92
    2. Clarence J. Mann
      Pages 93-140
  4. The Jurisprudence of the Court

    1. Front Matter
      Pages 225-226
    2. Clarence J. Mann
      Pages 227-317
    3. Clarence J. Mann
      Pages 318-432
    4. Clarence J. Mann
      Pages 433-507
    5. Clarence J. Mann
      Pages 508-515
  5. Back Matter
    Pages 516-567

About this book

Introduction

The present generation lives in a time of transition. The isolated national legal order, the supreme idea of 19th Century legal science, begins to be superseded by the evolution of a wider international and transnational net­ work of legal rules and conceptions. With the recognition of a fundamental guarantee of human rights as a binding ingredient of the framework of inter­ national law, the strict separation of the internal system of the states from the international community is transcended. To this extent, the rules of international law now exercise a direct influence upon the national legal order. In some conventional arrangements safeguarding human rights, the individual is given direct access to international protection against his own state. The piercing of national borders by transnational norms finds its strongest expression in the formation of regional communities of states which seek to develop a common fund of legal rules, concepts and principles among their members. The leading role in this direction lies with European organizations. In the Community formed by the signatories of the European Convention on Human Rights, the members accept for themselves a stan­ dard of legal guarantees for fundamental rights of the individual laid down in the Convention. The organs of the Convention, including the Court and foremost the Commission, fulfill their tasks by measuring the national laws of the member states against the basic requirements embodied in the Euro­ pean Convention.

Keywords

conflict Europe European Convention on Human Rights human rights international law interpretation judicial power jurisprudence justice Kelsen law legal order legal science positivism responsibility

Bibliographic information

  • DOI https://doi.org/10.1007/978-94-011-9483-9
  • Copyright Information Springer Science + Business Media B.V. 1972
  • Publisher Name Springer, Dordrecht
  • eBook Packages Springer Book Archive
  • Print ISBN 978-94-011-8679-7
  • Online ISBN 978-94-011-9483-9
  • Buy this book on publisher's site