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Phone: (843) 766-6635
Wando Mount Pleasant Library
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Otranto Road Library
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John's Island Library
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Miss Jane's Building (Edisto Library Temporary Location)
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Edgar Allan Poe/Sullivan's Island Library
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Dorchester Road Library
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John L. Dart Library
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Does the Court of Justice own the Treaties? Interpretative pluralism as a solution to over‐constitutionalisation.
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- Author(s): Davies, Gareth
- Source:
European Law Journal. Nov2018, Vol. 24 Issue 6, p358-375. 18p.- Subject Terms:
- Source:
- Additional Information
- Subject Terms:
- Abstract: It is often assumed that Court of Justice interpretations of EU law are definitive and binding. However, this conflicts with conventional ideas about the trias politica, as well as with the principle of conferral, and rests on no more than the Court's own assertion. It also has harmful policy consequences, forcing national courts into constitutional resistance and, in claiming to fix the meaning of the Treaties, smothering Union politics. Interpretative pluralism, by contrast, insists on the possibility of diverging interpretations. That allows for wider participation in the construction of EU law, while retaining the integrity of Union law through commitment to shared texts and a balance of power between institutions. Institutional disagreements are reframed, not as conflicts between legal orders, but as conflicts about the meaning of a shared one. This approach is more profoundly integrative than the Court's top‐down approach, and also allows for greater diversity and experiment. [ABSTRACT FROM AUTHOR]
- Abstract: Copyright of European Law Journal is the property of Wiley-Blackwell and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)
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