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AUTHOR

Peter Gjortler

showing 2 related works from this author

Democratic Legitimacy and the Court of Justice of the European Union

2016

The chapter on democratic legitimacy and the Court of Justice of the European Union (CJEU) focuses on whether the CJEU through judicial activism may be claimed to have established its jurisprudence beyond the bounds of democratic legitimacy. Judicial activism has to a large extent been found in cases concerning the prerogatives of the CJEU, while in relation to other issues, such as the application of fundamental rights, the CJEU has demonstrated political awareness in its use of judicial activism, which however has diminished legal certainty. In general the CJEU has acted within the bounds of democratic legitimacy, but further clarification of its jurisprudence in controversial areas may b…

European Union lawScots lawLawJurisprudencePolitical scienceLegal certaintymedia_common.cataloged_instanceFundamental rightsEuropean unionInternational lawJudicial activismmedia_common
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Magna Carta and the Charter of the European Union

2016

Peter Gjortler explains that the EU Charter was originally introduced as a non-binding re-statement of rights – already acknowledged or interpreted in the EU – with the Nice Treaty of 2001. It was supposed to be a binding document as part of the European Constitution but the latter was rejected notably by France via a referendum in 2005. It was then proposed as a legally binding instrument with the revised Lisbon Treaty. He develops a systematic comparative approach between Magna Carta and the provisions of the Charter of the European Union, notably:

Reverse discriminationJudicial reviewConstitutionPolitical scienceLawmedia_common.quotation_subjectReferendumMember statemedia_common.cataloged_instanceCharterEuropean unionTreatymedia_common
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