A companion to European Union law and international law by Anna Södersten, Dennis Patterson

By Anna Södersten, Dennis Patterson

That includes contributions from popular scholars, A better half to eu Union legislations and overseas Law provides a complete and authoritative number of essays that addresses the entire most crucial issues on ecu Union and foreign law.

  • Integrates the fields of eu Union legislation and overseas legislation, revealing either the similarities and differences
  • Features contributions from well known students within the fields of european legislations and overseas law
  • Covers a large diversity of topical concerns, together with alternate, institutional decision-making, the ecu courtroom of Justice, democracy, human rights, felony legislation, the EMU, and lots of others

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Extra info for A companion to European Union law and international law

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20 See Ronald Dworkin, Taking Rights Seriously (Cambridge MA: Harvard University Press, 1978), Chap. 2 and 3. 21 Dworkin argued that any theory of law had to explain enough of law as we find it for the explanation to count as an explanation of “law” (fit). But lawyers can agree that more than one theory can fit the law as we find it. Choice among competing principles for the explanation of law requires resort to moral argument (justification). See Ronald Dworkin, Law’s Empire (Cambridge MA: Harvard University Press, 1986), Chap.

The representatives of this approach start from the validity of their own national order, which they consider self‐evident. Kelsen is equally open to taking international law as the starting point for validity, thus ­placing it at the apex of the pyramid in his hierarchical system. From this point of view, the international legal system is characterized as a universal legal order. ” The state is an order delegated by international law in its validity. Kelsen rejects the objection that, historically, the states preceded the creation of general international law and that the individual state therefore cannot be conceived of as an order delegated by international law.

335. , 338. , 346. A. Hart, The Concept of Law, 2nd ed. (Oxford: Clarendon Press, 1994). , 218. , 219. , 220. , 226. , 223. , 229. , 233–234. , 236. 18 Ibid. 19 Hart identified two sorts of rules in modern legal systems: primary and secondary. Primary rules create obligations.  The master secondary rule, the Rule of Recognition, is a social practice among officials for what counts as valid sources of law. , 91–99. The Rule of Recognition is analogous to Kelsen’s Grundnorm. 20 See Ronald Dworkin, Taking Rights Seriously (Cambridge MA: Harvard University Press, 1978), Chap.

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