EU Treaties and the Judicial Politics of National Courts: A Law and Politics Approach

Author:   Pablo José Castillo Ortiz
Publisher:   Taylor & Francis Ltd
ISBN:  

9781138885585


Pages:   246
Publication Date:   25 August 2015
Format:   Hardback
Availability:   In Print   Availability explained
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EU Treaties and the Judicial Politics of National Courts: A Law and Politics Approach


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Overview

Cases such as the Maastricht ruling by the German Federal Constitutional Court or the 'Crotty; decision by the Irish Supreme Court have gone down in the history of European integration as outstanding examples of intervention by judicial actors in important political processes. In this book, Dr. Castillo Ortiz makes for the first time a comprehensive analysis of all such rulings by national higher courts on European Union treaties issued during their processes of ratification. Using an interdisciplinary Law and Politics approach and a sophisticated methodological strategy, the book describes the political dynamics underlying some of the most relevant judicial episodes in the process of European Integration during the last decades: litigation strategies by Europhile and Eurosceptic actors, relations between the judiciary and the other branches of government, and clashes of power between national courts and the European Court of Justice of the European Union. By offering empirical evidence and by relying on scientific rigor, the book seeks to provide both experts and the general public an accessible account of one of the most salient but least studied aspects of current European law and politics.

Full Product Details

Author:   Pablo José Castillo Ortiz
Publisher:   Taylor & Francis Ltd
Imprint:   Routledge
Dimensions:   Width: 15.20cm , Height: 1.80cm , Length: 22.90cm
Weight:   0.453kg
ISBN:  

9781138885585


ISBN 10:   1138885584
Pages:   246
Publication Date:   25 August 2015
Audience:   College/higher education ,  Professional and scholarly ,  Tertiary & Higher Education ,  Undergraduate
Format:   Hardback
Publisher's Status:   Active
Availability:   In Print   Availability explained
This item will be ordered in for you from one of our suppliers. Upon receipt, we will promptly dispatch it out to you. For in store availability, please contact us.

Table of Contents

Contents: 1. National Higher Courts and Processes of Ratification of European Union Treaties 2. Constructing a Model of Judicial Behavior. Theoretical Framework 3. EU Primary Law Before the Guardians of the Constitution: Courts’ Decisions On the Merits 4. Kompetenz-Kompetenz: The Doctrine of The Last Say. The Interpretative Decisions of Courts 5. The Legal Dimension: Assessing Judicial Behaviour From the Viewpoint of Legal Rules 6.The Political Dimension: a Pro-ratification Context 7. The Judicial Dimension: Institutional Design and Decisional Dynamics 8. Judicial Behaviour as a Result of Complex Causation: a QCA Approach to the Juridical Dynamics of Treaty Ratification 9. Conclusions and Some Final Reflections

Reviews

This is a unique example of masterful combination of legal and political science scholarship on a topic seldom researched in such a comprenesive way. Pablo Castillo construct a compelling case for interdisciplinary research on courts. - Carlos Closa, European University Institute, Italy


Author Information

Pablo José Castillo Ortiz is Lecturer in Law at The University of Sheffield, UK.

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