Detalls del llibre
The growing complexity and intricacy surrounding the EU law-making process forces EU constitutional courts to clarify relevant legal norms in the framework of abstract judicial review proceedings. In response to this growing request for judicial clarification, EU constitutional courts make increasing recourse to European laws, ideals and norms. Following the above, Nicola Corkin uses the example of abstract judicial review in support of the thesis that judicial review is overly Europeanised. Her argument is based on findings from the German, Italian and Austrian constitutional courts. The book starts off by setting the theoretical framework and foundations of abstract judicial review (chapter 1). Chapter 2 goes on to trace developments in abstract judicial review proceedings in Germany, Italy and Austria from 1980 to 2010 and concludes that significant changes in decision-making patterns as well as in the position and make-up of the courts have occurred. After analysing the five theories that are traditionally deployed to explain court behaviour (chapter 3), chapter 4 concludes that the aforementioned changes are attributed to the interaction with the EU legal order. Chapters 5 and 6 place these observations in the context of a two-stage judicial Europeanisation. This exposition benefits political scientists, jurists, sociologists and statisticians alike. Corkin's research addresses a gap in empirically researched literature on the influence of EU law in the area of abstract judicial review. Corkin deploys ample empirical data (including statistical information and interviews with constitutional court judges), the results of which are captured in graphs. Corkin's research is conditioned by a thorough comparative analysis of the German, Italian and Austrian constitutional courts, their judgements and functions, as well as a comparison between the realities under constitutional courts in the EU and the US Supreme Court. Her approach is truly multi-disciplinary: it is based on a combination of empirical research, historical analysis, legal theory and legal philosophy. From a methodological point of view, Corkin lays out the research questions of her analysis at the outset of each chapter in the book. From a substantive perspective, however, although Corkin's review succeeds in establishing a change in the decision-making pattern of constitutional courts, this does not capture in a sufficiently concrete fashion the way in which informal references to European 'values' or 'obligations' influence the substance of the constitutional courts' rulings. Therefore, albeit original and interesting, the substance of the analysis remains to some extent thin and the character of the relevant conclusions rather high level.
Llegir més - Autor/a Nicola Ch Corkin
- ISBN13 9781138287365
- ISBN10 1138287369
- Pàgines 212
- Any Edició 2016
- Fecha de publicación 18/11/2016
Ressenyes i valoracions
Europeanization of Judicial Review
- De
- Nicola Ch Corkin
- |
- ROUTLEDGE (2016)
- 9781138287365



