Europe. The New Legal Realism
DJOFPublishing (Verlag)
978-87-574-2482-9 (ISBN)
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Hjalte Rasmussen, who has been associated with the Centre since its establishment in 2008, has held the professorship in EU Law and International Law at the University of Copenhagen since 1993. His reputation, however, reaches far beyond the borders of Denmark. Indeed, he has achieved wide international recognition that transcends his national identity. Many of the positions he has held - including that of visiting professor at the College of Europe in Bruges and chairman of several EU studies associations - attest to his singular standing amongst the community of European law scholars in Europe and throughout the world. While we leave the detailed study of Hjalte Rasmussen's huge impact on European law to the individual contributors to this Festschrift (and, more generally, to Joseph Weiler's homage on page XIII), it is fair to say that Hjalte has irreversibly changed the way we think about EU law.
From the early 1980s on, he explored a whole new universe of legal thought, leaving behind what Martin Shapiro almost 30 years ago famously described as "constitutional law without politics, the written constitution as a sacred text, the professional commentary as legal truth, the case law as the inevitable working out of the correct implications of the constitutional text and the constitutional court as the disembodied voice of right reason and constitutional teleology" (Southern California Law Review 53 [1979-80], 537, 538). His dissociation from this picture, above all, is Hjalte's stupendous and lasting legacy. Hjalte never stated his points uncritically or without creating controversy. He has always lived by George Bernard Shaw's dictum: "A man never tells you anything until you contradict him!" This Festschrift is a tribute to Hjalte Rasmussen's many years of academic achievements in developing the theory and practice of European integration, and it is written in just that spirit. Hjalte's friends and colleagues have contributed essays that are intended to provoke him, and readers in general. Anything else would not have been suitable for Hjalte!
In writing for this very special scholar, they have taken more freedom than usual, and have chosen a fitting way to honour someone who really shook the field. We celebrate a deeply courageous, independent, humorous, and humane scholar.
Foreword Joseph Weiler Hjalte Rasmussen - Nemo propheta in patria sua Karen J. Alter On Law and Policy in the European Court of Justice: An American Perspective Anthony Arnull Europe's Nemesis? The Long Road to the Lisbon Treaty Joxerramon Bengoetxea Reasoning from Consequences from Luxembourg Peter Biering Has the Court of Justice ever taken Integration too far? Peter Blume Lindqvist Revisited - issues concerning EU data protection law Vlad Constantinesco "Plus vite, plus haut, plus fort!": quelques reflexions sur l'integration europeenne Paul Craig Coping with Numbers: Voting, Enhanced Cooperation and Amendment Jens Hartig Danielsen Delegation of Sovereignty - Article 20 of the Danish Constitution: The story of a successful operation but a dead patient? Renaud Dehousse, Laurie Boussaguet & Sophie Jacquot From Integration through Law to Governance: Has the Course of European Integration Changed? Niels Fenger & SA ren SchA nberg Market access, restrictions on the use of lawfully marketed products and Article 34 TFEU Laurence W. Gormley Judicial Review - a new dawn after Lisbon? Karsten Hagel-SA rensen Conflict of Norms when Different Sources of Law Interact Ulrich Haltern European Tourists of History and Imagination - Berlin, July 24, 2008: An Epiphany Carsten Henrichsen 26 skridt frem - og et stort skridt tilbage. En kommentar til offentlighedskommissionens betankning Francis Jacobs Access by individuals to judicial review in EU law - Still an issue of concern? Catherine Jacqueson Metock as a shock? The struggle between rights and sovereignty Anne Lise Kjar Nonsense: The CILFIT Criteria Revisited - from the Perspective of Legal Linguistics Henning Koch On Character and Caricature. Freedom of speech or freedom to scorn? Per Lachmann Bundesverfassungsgerichts Lissabon-dom - og grundlovens 20 Ole Lando Some Remarks on Adjudicators' Reasons Nikolaos Lavranos The ECJ's relationship with other international courts and tribunals Joseph Lookofsky Persuasive Pamesa: Not Running Wild with the CISG Mikael Rask Madsen Scandinavian (Neo-)Realism and European Courts: A View from Strasbourg Miguel Poiares Maduro Interpreting European Law - On Why and How Law and Policy Meet at the European Court of Justice Dorte S. Martinsen & Marlene Wind When National Courts go to Europe. Reluctant or active players in the integrationprocess? Peter-Christian Muller-Graff The European Openness of the German Constitution in the Light of the Jurisprudence of the Federal Constitutional Court - A Systematic Stocktaking Peter Nedergaard Domstole, forfatninger og retssystemer. Et politologisk essay Joakim Nergelius Laval, Metock and The Recent Nordic Debate on Judicial Review Ruth Nielsen Legal Realism and EU Law Peter Pagh EU-domstolen - grA n judiciel aktivisme eller retssikkerhed ...? Ove K. Pedersen The EU and National Democracy! How Membership has led to Democratisation but also Democratic Challenges Clement Salung Petersen and Jens Schovsbo On Law and Policy in a European and European Union Patent Court (EEUPC) - What will It do to Patent Law and What will Patent Law do to It? Morten Rasmussen Constructing and Deconstructing 'Constitutional' European Law: Some reflections on how to study the history of European law Francis Snyder 'Worrying about Europe': Chinese Law and the Changing Context of EU Legal Scholarship Alexander Somek The Emancipation of Legal Dissonance Ole Spiermann On Law or Policy in the European Court of Justice: Van Gend en Loos and Costa v. ENEL Michael Steinicke The Court of Justice of the European Union, public procurement and in-house contracts - a critique of Case C-480/06, Commission v Germany Ditlev Tamm From a European to a Global Approach - reflections on the position of comparative law in legal education Lubo Tichu and Toma Dumbrovsku Between Two Legal Orders: A Relativist Doctrine for a Member State Constitutional Court? JA rn Vestergaard European Kadi Law - on Terror Financing, Asset Freezing and Human Rights Erik Werlauff Proportionality lost - proportionality regained? Jiri Zemanek A European Mandate of the Czech Constitutional Court Hjalte Rasmussen's Production 1971-2009 Contributors
| Erscheint lt. Verlag | 2.2.2011 |
|---|---|
| Verlagsort | Copenhagen |
| Sprache | englisch |
| Themenwelt | Recht / Steuern ► EU / Internationales Recht |
| Recht / Steuern ► Privatrecht / Bürgerliches Recht ► Internationales Privatrecht | |
| Sozialwissenschaften ► Politik / Verwaltung ► Vergleichende Politikwissenschaften | |
| ISBN-10 | 87-574-2482-9 / 8757424829 |
| ISBN-13 | 978-87-574-2482-9 / 9788757424829 |
| Zustand | Neuware |
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