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CHAPTER ONE The Theme and Interest of the Present Study
The Magnitude of European Judicial Policy Involvement
The Plan for the Study
CHAPTER TWO Refining Some Central Concepts
Judicial Selfrestraint What Does it Mean?
The Problematic Democratic Legitimacy of Judicial Activism
CHAPTER THREE In Search of an Activism Test
Link between Federalism Constitutionalism and Judicial
Methods and Analytical Framework of the Remainder of this
Developing the Effectuality of the Courts Article 171 Power
CHAPTER NINE Essentially Positive Policy Inputs
Scholarly Analyses as Policy Input
Briefs of Commission and Council as Policy Input
Negative Policy Inputs
Political Attacks on the Court
The Democratic MythReality Gap Hypothesis after
CHAPTER FOUR The Legal Comparative Federalism
Federal Diversity in the Community and Elsewhere
The Canadian Experience
CHAPTER FIVE The American Experience with Judicial
The Doctrines of State Sovereignty and Nullification
More Recent Court Battles
Is there a Good Comparative Case?
CHAPTER SIX Reviewing Academic Analyses of the Role of
Works by Academics which Topically Raise the Judicial
The Views of Some ECJudges
The Boundary Location Problem in Previous Judicial Analysis
CHAPTER SEVEN The First Court 19511958
The Competences of the First Court
Member State Influence on the Organization of the Court
CHAPTER EIGHT Enhancing Judicial Power
An Intertwinement of Governmental
CHAPTER ELEVEN What Role for the Court?
PART FOUR METHODOLOGICAL AND INSTITUTIONAL
Analysis of the German Constitutional Courts Defiance of
CHAPTER THIRTEEN Socioeconomic Fact Briefing
Judicial Notice versus Socioeconomic Fact
ECJudicial Value Conversion Problems which Stem from
CHAPTER FOURTEEN Judicial Docketcontrolling On Issues
What Advocates for more Effective EC Docketcontrolling?
What is for the Future?
CHAPTER FIFTEEN Conclusions
Sammendrag på Dansk Summary in Danish
acceptable action activism actually added American analysis appear applicable argument Article 177 authority become briefs Chapter Commission Community law Community's comparative competence concerned conclusion considerations considered constitutional Council Court of Justice created criticism Danish deal decision democratic direct discussion EC-Court economic effects European European Court existence fact federal final France French function fundamental rights German give given hand important institutions integration interest interpretation involvement issue Italy judges Judgment judicial least legislative less limits major matter means measures Member ment nature necessary noted observation offered operation opinion particular policy input policymaking political position possible preliminary present principle probably problem protection provisions question reasons refer requirement respect responsibility role ruling seems social submit suggest Supreme Court taken tion Treaty United values
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Environmental Policy in the European Union: Actors, Institutions, and Processes
Vista previa limitada - 2012