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"Between law and politics: Taking the law seriously in rationalist models of judicial autonomy in the EU"

Beach, Derek. (2001) "Between law and politics: Taking the law seriously in rationalist models of judicial autonomy in the EU". In: UNSPECIFIED, Madison, Wisconsin. (Unpublished)

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    The argument in this paper will proceed in four steps. First, the state of theorizing on supranational autonomy and the ECJ will first be briefly reviewed in section 2, discussing the weakness of existing approaches. These problems lead to the development of a modified theoretical model in section 3, which incorporates a normative dimension of law into a rational institutionalist model, while also detaining the distinctive characteristics of judicial institutions: in effect an attempt to take ‘the law’ seriously. Clear testable hypotheses are then derived from the model, and put to a tentative test in section 4 on a sample of several key cases from the 1990s, where the utility of the modified theory is demonstrated.

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    Item Type: Conference or Workshop Item (UNSPECIFIED)
    Uncontrolled Keywords: Rational institutionalist model.
    Subjects for non-EU documents: EU policies and themes > Policies & related activities > law & legal affairs-general (includes international law)
    EU policies and themes > EU institutions & developments > European Court of Justice/Court of First Instance
    Subjects for EU documents: UNSPECIFIED
    EU Series and Periodicals: UNSPECIFIED
    EU Annual Reports: UNSPECIFIED
    Conference: European Union Studies Association (EUSA) > Biennial Conference > 2001 (7th), May 31-June 2, 2001
    Depositing User: Phil Wilkin
    Official EU Document: No
    Language: English
    Date Deposited: 29 Mar 2006
    Page Range: p. 40
    Last Modified: 15 Feb 2011 17:20

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