
Contents
-
-
-
-
I Orientations I Orientations
-
DYADS, TRIADS, GOVERNANCE DYADS, TRIADS, GOVERNANCE
-
DELEGATION AND COMMITMENT DELEGATION AND COMMITMENT
-
NORMATIVE INDETERMINACY AND JUDICIAL LAWMAKING NORMATIVE INDETERMINACY AND JUDICIAL LAWMAKING
-
TESTING TESTING
-
-
II European Integration and the Legal System II European Integration and the Legal System
-
THE EUROPEAN COURT AND THE NATIONAL COURTS THE EUROPEAN COURT AND THE NATIONAL COURTS
-
-
III Determinants of Judicial Discretion in the EU III Determinants of Judicial Discretion in the EU
-
AGENCY AND TRUSTEESHIP AGENCY AND TRUSTEESHIP
-
-
IV Precedent and the Path Dependence of Legal Institutions IV Precedent and the Path Dependence of Legal Institutions
-
PRECEDENT AND ANALOGICAL REASONING PRECEDENT AND ANALOGICAL REASONING
-
Argumentation frameworks Argumentation frameworks
-
-
COURTS AS ORGANIZATIONS COURTS AS ORGANIZATIONS
-
RATIONALITY AND ADAPTATION RATIONALITY AND ADAPTATION
-
THE INDETERMINATE NORM AND JUDICIAL DISCRETION THE INDETERMINATE NORM AND JUDICIAL DISCRETION
-
PRECEDENT IN EUROPEAN LAW PRECEDENT IN EUROPEAN LAW
-
-
V Case Selection and Data V Case Selection and Data
-
VI The Judicial Construction of Europe VI The Judicial Construction of Europe
-
-
-
-
-
-
-
-
1 The European Court and Integration
Get access-
Published:September 2004
Cite
Abstract
Provides an introduction to the book by explaining its origin, purpose, approach, and structure. The first section presents the generic question posed by the book: how is a particular mode of governance, the judicial mode, consolidated as a stable set of practices; it explains that the approach taken combines three strains of theory – theory on judicialization and governance, on the courts as commitment devices, and on the dynamics of judicial rulemaking and precedent. The second section, European Integration and the Legal System, indicates that the book expands on previous efforts to elaborate and test a theory of European integration, and shows that its primary focus is on the impact of adjudicating European Community law on the institutionalization of the European Union (EU), rather than on the impact of EU law on national legal systems. The third section, Determinants of Judicial Discretion in the EU, looks at the question of how the European Court has been able to have such an impact on the course of European integration and the work of the national courts. The fourth section, Precedent and the Path Dependence of Legal Institutions, focuses on why legal institutions tend to develop in path dependent ways; it begins by conceptualizing precedent, and then attempts to show how legal systems can develop in path dependent ways, and discusses how the book goes about analysing precedent in Europe. The last two sections look at the case selection and data used in the book and give a brief outline of its structure.
Sign in
Personal account
- Sign in with email/username & password
- Get email alerts
- Save searches
- Purchase content
- Activate your purchase/trial code
- Add your ORCID iD
Purchase
Our books are available by subscription or purchase to libraries and institutions.
Purchasing informationMonth: | Total Views: |
---|---|
October 2022 | 9 |
November 2022 | 6 |
December 2022 | 19 |
January 2023 | 19 |
February 2023 | 13 |
March 2023 | 6 |
April 2023 | 5 |
May 2023 | 17 |
June 2023 | 5 |
August 2023 | 8 |
September 2023 | 7 |
October 2023 | 4 |
November 2023 | 9 |
December 2023 | 6 |
January 2024 | 10 |
February 2024 | 8 |
March 2024 | 13 |
April 2024 | 11 |
May 2024 | 1 |
June 2024 | 4 |
July 2024 | 1 |
August 2024 | 8 |
September 2024 | 4 |
October 2024 | 6 |
November 2024 | 8 |
December 2024 | 6 |
January 2025 | 15 |
February 2025 | 12 |
March 2025 | 11 |
April 2025 | 2 |
Get help with access
Institutional access
Access to content on Oxford Academic is often provided through institutional subscriptions and purchases. If you are a member of an institution with an active account, you may be able to access content in one of the following ways:
IP based access
Typically, access is provided across an institutional network to a range of IP addresses. This authentication occurs automatically, and it is not possible to sign out of an IP authenticated account.
Sign in through your institution
Choose this option to get remote access when outside your institution. Shibboleth/Open Athens technology is used to provide single sign-on between your institution’s website and Oxford Academic.
If your institution is not listed or you cannot sign in to your institution’s website, please contact your librarian or administrator.
Sign in with a library card
Enter your library card number to sign in. If you cannot sign in, please contact your librarian.
Society Members
Society member access to a journal is achieved in one of the following ways:
Sign in through society site
Many societies offer single sign-on between the society website and Oxford Academic. If you see ‘Sign in through society site’ in the sign in pane within a journal:
If you do not have a society account or have forgotten your username or password, please contact your society.
Sign in using a personal account
Some societies use Oxford Academic personal accounts to provide access to their members. See below.
Personal account
A personal account can be used to get email alerts, save searches, purchase content, and activate subscriptions.
Some societies use Oxford Academic personal accounts to provide access to their members.
Viewing your signed in accounts
Click the account icon in the top right to:
Signed in but can't access content
Oxford Academic is home to a wide variety of products. The institutional subscription may not cover the content that you are trying to access. If you believe you should have access to that content, please contact your librarian.
Institutional account management
For librarians and administrators, your personal account also provides access to institutional account management. Here you will find options to view and activate subscriptions, manage institutional settings and access options, access usage statistics, and more.