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Constructing Legal Systems :

Constructing Legal Systems

"European Union" in Legal Theory

By: Neil MacCormick (Editor)

Hardcover Published: 30th September 1997
ISBN: 9780792347316
Number Of Pages: 148

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Legal theory has been much occupied with understanding legal systems and analysing the concept of legal system. This has usually been done on the tacit or explicit assumption that legal systems and states are co-terminous. But since the Rome Treaty there has grown up in Europe a `new legal order', neither national law nor international law, and under its sway older conceptions of state sovereignty have been rendered obsolete.
At the same time, it has been doubted whether the `European Union' that has grown out of the original `European Communities' has a satisfactory constitution or any constitution at all. What kind of legal and political entity is this `Union' and how does it relate juridically and politically to its member states? Further, the activity of construing or constructing `legal system' and legal knowledge becomes visibly problematic in this context. These essays wrestle with the above problems.

Democracy, Subsidiarity, and Citizenship in the 'European Commonwealth'p. 1
Jurisprudential Dilemmas of European Lawp. 27
Preserving the Identity Crisis: Autonomy, System and Sovereignty in European Lawp. 47
Building the Union: The Nature of Sovereignty in the Political Architecture of Europep. 91
Legal Theory and Value Judgmentsp. 117
Table of Contents provided by Blackwell. All Rights Reserved.

ISBN: 9780792347316
ISBN-10: 0792347315
Audience: Professional
Format: Hardcover
Language: English
Number Of Pages: 148
Published: 30th September 1997
Publisher: Springer
Country of Publication: NL
Dimensions (cm): 25.4 x 16.51  x 1.91
Weight (kg): 0.41
Edition Number: 16