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Judicial Discretion in European Perspective - Ola Wiklund

Judicial Discretion in European Perspective

By: Ola Wiklund (Editor)

Paperback Published: February 2003
ISBN: 9789041120229
Number Of Pages: 176

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The role of the judiciary in relation to the legislature has naturally become a subject of strong topical interest and is vividly discussed in many quarters and countries. This collection of essays on judicial discretion takes off with different understandings of judicial disvretion, its sources and links to the objectives of European Intergration. This includes an elaboration of the relationships between conceptual understanding, actual practice and normative boundaries of judicial discretion. The second theme focuses on the actual practice of judicial discretion of European courts and deals with interpretation and justification against the vision of creatings a coherent European legal order.

Contributorsp. 6
Preface by the Editorp. 7
Introductory Addressp. 11
The Nature of Judicial Discretion and its Significance for the Administration of Justicep. 15
Taking the World View of the European Judge Seriously - some reflections on the role of ideology in adjudicationp. 29
The Scope for Discretion, Coherence and Citizenshipp. 48
Methods of Interpretationp. 75
Discretion and Precedent in European Lawp. 84
The European Court of Justice and the Use of Judicial Discretionp. 116
Rewriting Van Gend & Loos: Towards a Normative Theory of ECJ Hermeneuticsp. 150
Indexp. 165
Table of Contents provided by Blackwell. All Rights Reserved.

ISBN: 9789041120229
ISBN-10: 904112022X
Audience: General
Format: Paperback
Language: English
Number Of Pages: 176
Published: February 2003
Publisher: Kluwer Law International
Country of Publication: NL
Dimensions (cm): 23.39 x 15.6  x 0.97
Weight (kg): 0.26