The Judicial Construction of Europe

The Judicial Construction of Europe

by Alec Stone Sweet
     
 

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The law and politics of European integration have been inseparable since the 1960s, when the European Court of Justice rendered a set of foundational decisions that gradually served to 'constitutionalize' the Treaty of Rome. In this book, Alec Stone Sweet, one of the world's foremost social scientists and legal scholars, blends deductive theory, quantitative analysis

Overview

The law and politics of European integration have been inseparable since the 1960s, when the European Court of Justice rendered a set of foundational decisions that gradually served to 'constitutionalize' the Treaty of Rome. In this book, Alec Stone Sweet, one of the world's foremost social scientists and legal scholars, blends deductive theory, quantitative analysis of aggregate data, and qualitative case studies to explain the dynamics of European integration and institutional change in the EU since 1959. He shows that the activities of market actors, lobbyists, legislators, litigators, and judges became connected to one another in various ways, giving the EU its fundamentally expansionary character. He then assesses the impact of Europe's unique legal system on the evolution of supranational governance, tracing outcomes in three policy domains: free movement of goods, sex equality, and environmental protection. The book integrates diverse themes, including: the testing of hypotheses derived from regional integration theory; the 'judicialization' of legislative processes; the path dependence of precedent and legal argumentation; the triumph of the 'rights revolution' in the EU; delegation, agency, and trusteeship; balancing as a technique of judicial rulemaking and governance; and why national administration and justice have been steadily 'Europeanized'. Written for a broad audience, the book is also recommended for use in graduate and advanced undergraduate courses in law and the social sciences.

Editorial Reviews

Foreign Affairs
Stone Sweet, who teaches political science and law at Yale, has been a champion of the study of courts as shapers and interpreters of the constitutional order. In this important, impressive, and scholarly new book, he examines the contribution of the European Court of Justice to the construction of Europe. He shows how the ECJ has asserted its supremacy in national laws and courts and reinforced both the supra-and the subnational aspects of European integration—proving in the process that students of government need not only a solid grounding in history and a decent knowledge of economics, but also an understanding of the law. As a result, the Rome treaty on integration has "evolved from a set of legal arrangements binding upon sovereign states into a vertically integrated legal regime conferring judicially enforceable rights and obligations on legal persons and entities, public and private." It will be impossible to teach about the EU without resorting to this book.
From the Publisher
"Stone Sweet, who teaches political science and law at Yale, has been a champion of the study of courts as shapers and interpreters of the constitutional order. In this important, impressive, and scholarly new book, he examines the contribution of the European Court of Justice to the construction of Europe. He shows how the ECJ has asserted its supremacy in national laws and courts and reinforced both the supra-and the subnational aspects of European integration—proving in the process that students of government need not only a solid grounding in history and a decent knowledge of economics, but also an understanding of the law.... It will be impossible to teach about the EU without resorting to this book."—Stanley Hoffmann, Foreign Affairs

Product Details

ISBN-13:
9780191608483
Publisher:
OUP Oxford
Publication date:
09/09/2004
Sold by:
Barnes & Noble
Format:
NOOK Book
File size:
4 MB

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