The Transformation or Reconstitution of Europe: The Critical Legal Studies Perspective on the Role of the Courts in the European Union.
The Transformation or Reconstitution of Europe: The Critical Legal Studies Perspective on the Role of the Courts in the European Union
Edited by Tamara Perisin and Sinisa Rodin
Hart Publishing, Oxford
Contributed by law scholars from the US and Europe, the 10 essays in this volume explore the legal dimension of the European integration process from the perspective of critical legal studies. They examine to what extent European critical legal thought is possible, namely whether critical legal studies methodology can be applied to thinking about EU law and about the case law of the European Court of Justice. They discuss whether and how judges embed policy choices in their decisions and how to detect hidden policies and ideologies in judicial decisions; how the European Court of Justice acts to ensure the legitimacy of its decisions, whether and how it resists implementing political ideologies through its decisions, and what the ideology of European integration is, as well as how the selection of judges influences these issues; substantive parts of EU law, the internal market, external trade, and the European arrest warrant; and the role of academics in influencing the way practicing lawyers think about law, adjudication, and their respective roles, as well as to what extent scholars or other commentators can politicize EU law or manipulate the narratives of EU integration and whether this affects judicial interpretation. Distributed in the US by ISBS. ([umlaut] Ringgold, Inc., Portland, OR)