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Judul Rule of Law in the European Constitution / Maria Luisa Fernandez Esteban
Pengarang Esteban, Maria Luisa Fernandez
Penerbitan London : Nelson-Education, 1999
Deskripsi Fisik xxiv,221p.;25 cm. ;25 cm.
ISBN 9789041197354
Subjek Rule of law - European Union countries
Abstrak The European Court of Justice once stated that the European Community is governed by the rule of law inasmuch as member states, Community institutions and individuals are bound to the basic constitutional charter, the Treaty. The purpose of this book is to answer the question whether this statement is still valid for the European Union, and to analyse which features best define the rule of law at the European level. In order to define the principle of the rule of law at the European level, this book undertakes a comparative analysis of what the principle means in different legal systems. An analysis is also made of the implications for national legal orders, specifically for judges. The conclusion reached as a result of the research undertaken for this book is the co-existence of two visions of the rule of law within national legal orders: the traditional view of each legal order by itself, and the new vision of the principle as defined by the Court of Justice. This legal phenomenon involves what is defined as `the paradox of the two paradigms of law', which determines a share of concepts, tools and remedies amongst legal systems.
Catatan Indeks : p.215-221
p.211-213
Bahasa Inggris
Bentuk Karya Tidak ada kode yang sesuai
Target Pembaca Tidak ada kode yang sesuai

 
No Barcode No. Panggil Akses Lokasi Ketersediaan
00000015609 340.11 EST r Dapat dipinjam Perpustakaan Lantai 3 - Mahkamah Konstitusi RI Tersedia
pesan
00000015610 340.11 EST r Dapat dipinjam Perpustakaan Lantai 3 - Mahkamah Konstitusi RI Tersedia
pesan
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520 # # $a The European Court of Justice once stated that the European Community is governed by the rule of law inasmuch as member states, Community institutions and individuals are bound to the basic constitutional charter, the Treaty. The purpose of this book is to answer the question whether this statement is still valid for the European Union, and to analyse which features best define the rule of law at the European level. In order to define the principle of the rule of law at the European level, this book undertakes a comparative analysis of what the principle means in different legal systems. An analysis is also made of the implications for national legal orders, specifically for judges. The conclusion reached as a result of the research undertaken for this book is the co-existence of two visions of the rule of law within national legal orders: the traditional view of each legal order by itself, and the new vision of the principle as defined by the Court of Justice. This legal phenomenon involves what is defined as `the paradox of the two paradigms of law', which determines a share of concepts, tools and remedies amongst legal systems.
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