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Constructing Legal Systems: "European Union" in Legal Theory

  • Book
  • © 1997

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Editors:
  1. Neil MacCormick

    1. Edinburgh University, Scotland, UK

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Table of contents (5 chapters)

  1. Front Matter

    Pages i-iii
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  2. Democracy, Subsidiarity, and Citizenship in the ‘European Commonwealth’

    • Neil MacCormick
    Pages 1-26

  3. Jurisprudential Dilemmas of European Law

    • Bert Van Roermund
    Pages 27-46

  4. Preserving the Identity Crisis: Autonomy, System and Sovereignty in European Law

    • Catherine Richmond
    Pages 47-90

  5. Building the Union: The Nature of Sovereignty in the Political Architecture of Europe

    • Richard Bellamy, Dario Castiglione
    Pages 91-115

  6. Legal Theory and Value Judgments

    • Vittorio Villa
    Pages 117-147
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Keywords

About this book

Legal theory has been much occupied with understanding legal systems and analysing the concept of legal system. This has usually been done on the tacit or explicit assumption that legal systems and states are co-terminous. But since the Rome Treaty there has grown up in Europe a `new legal order', neither national law nor international law, and under its sway older conceptions of state sovereignty have been rendered obsolete.
At the same time, it has been doubted whether the `European Union' that has grown out of the original `European Communities' has a satisfactory constitution or any constitution at all. What kind of legal and political entity is this `Union' and how does it relate juridically and politically to its member states? Further, the activity of construing or constructing `legal system' and legal knowledge becomes visibly problematic in this context. These essays wrestle with the above problems.

Editors and Affiliations

  • Edinburgh University, Scotland, UK

    Neil MacCormick

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